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Human Trafficking in the Baltic Sea Region: 
State and Civil Society Cooperation 
on Victims’ Assistance 
and Protection
UNITED NATIONS OFFICE ON DRUGS AND CRIME 
Vienna 
Human Trafficking 
in the Baltic Sea Region: 
State and Civil Society Cooperation on 
Victims’ Assistance and Protection 
UNITED NATIONS 
New York, 2010
Acknowledgements 
This study was made possible by the dedicated efforts of numerous public officials and representatives of non-governmental 
organizations consulted in the Baltic Sea Region. The joint UNODC – CBSS TF-THB team 
wishes to express its gratitude to all the people who have invested their time into the project, consented to be 
interviewed, and provided information and insight into specific areas of expertise. 
A special thank you to Sonja Busch, Isabella Orfano, Roberto Paganini and Wolfgang Klug who gave input 
and revised various drafts of the study. 
Written By: Barbara Sidoti 
Edited By: Tejal Jesrani 
United Nations Office on Drugs and Crime (UNODC): 
Andrea Koller, Julie Platou Kvammen, Riikka Puttonen, Alexia Taveau, Albina Yakubova. 
Council of the Baltic Sea States (CBSS) Secretariat: 
Marta Bociek, Anna Ekstedt, Anthony Jay, Ciaran Morrisey. 
CBSS Task Force against Trafficking in Human Beings (CBSS TF-THB): 
Kira Appel, Jan Austad, Sergey Barsukov, Igoris Bazylevas, Lisa Cassina, Anna Esko, Dea Hannust, Eva 
Hermstad, Hildur Jónsdóttir, Urszula Kozłowska, Anu Leps, Agnese Marnica, Tero Mikkola, Anna Mironova, 
Christer Norling, Grete Pern, Julija Staškovskaja, Lāsma Stabiņa, Sandra Šarkutė, Brit Tammiste, Dimitrijs 
Trofimovs, Nicole Zündorf-Hinte. 
This study was produced with funding from the Task Force against Trafficking in Human Beings. 
Photographs: CBSS TF-THB 
© United Nations Office on Drugs and Crime, April 2010. 
The description and classification of countries and territories in this study and the arrangement of the 
material do not imply the expression of any opinion whatsoever on the part of the Secretariat of the 
United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or 
concerning the delimitation of its frontiers or boundaries, or regarding its economic system or degree 
of development. 
This publication has not been formally edited.
iii 
This study was conducted within the Preparatory Regional Project on Fostering NGO – Law Enforcement 
Cooperation in Preventing and Combating Human Trafficking in, from and to the Baltic Sea Region – Jointly 
implemented by the United Nations Office on Drugs and Crime (UNODC) and the Council of the Baltic Sea 
States Task Force against Trafficking in Human Beings (CBSS TF-THB).
iv 
LIST OF ACRONYMS1 
BAGFW Coordination Group of the German Welfare Organisations 
BKA Federal Criminal Police Office 
BMAS Federal Ministry for Labour and Social Affairs 
BMFSFJ Federal Ministry for Family Affairs, Senior Citizens, Women and Youth 
CBSS Council of the Baltic Sea States 
CBSS TF-THB Council of the Baltic Sea States Task Force against Trafficking in Human Beings 
CIS Commonwealth of Independent States 
CJA Criminal Justice Authorities 
CoE Council of Europe 
CMM Danish Centre against Human Trafficking 
DIS Danish Immigration Service 
EEA European Economic Area 
EU European Union 
FAFO Institute for Applied International Studies 
GARP Government Assisted Repatriation Programme 
IACB Inter-Agency Coordination Body 
ICMPD International Centre for Migration Policy Development 
ILO International Labour Organization 
IO International Organization 
IOM International Organization for Migration 
KOK German Nationwide Activist Coordination Group Combating Trafficking in Women 
and Violence against Women in the Process of Migration 
KOM Coordination Unit for Human Trafficking 
LEA Law Enforcement Agencies 
LKA Länder Criminal Police Offices 
NAP National Action Plan/Program 
NBI National Bureau of Investigation 
NC National Coordinator 
NCI National Centre for Investigation 
NCM National Coordination Mechanism 
NGO Non-Governmental Organization 
NMT National Support Operations against Prostitution and Trafficking in Human Beings 
NRG National Reference Group 
NRM National Referral Mechanism 
MIJ Ministry of Integration and Gender Equality 
MoU Memoranda of Understanding 
MFA Ministry of Foreign Affairs 
MoI/A Ministry of Interior/Administration 
MoJ Ministry of Justice 
MoL Ministry of Labour 
ODIHR Office for Democratic Institutions and Human Rights 
OSCE Organization for Security and Co-operation in Europe 
REAG Reintegration and Emigration Programme for Asylum-Seekers in Germany 
RG Regional Groups 
ROSA Re-establishment, Organizing safe accommodation, Safety and Assistance Project 
1 For ease of reference, acronyms referring to national institutions appear as they are used in the countries, 
while the corresponding names of national institutions are translated into English.
v 
RUA Foreigners/Immigration Unit 
SOLWODI Solidarity with Women in Distress 
THB Trafficking in Human Beings 
TIP Trafficking in Persons 
TRM Transnational Referral Mechanism 
UDI Directorate for Immigration 
UN.GIFT United Nations Global Initiative to Fight Human Trafficking 
UNODC United Nations Office on Drugs and Crime 
VoT Victim of Trafficking
vi 
TABLE OF CONTENTS 
Introduction . 1 
The Study . 2 
PART 1 – Overview of Cooperation Mechanisms and Practices 
in the Council of the Baltic Sea States Region . 8 
1. Anti-Trafficking National Action Plans . 10 
2. National Coordination Mechanisms . 14 
2.1 National Coordinators . 16 
2.2 Inter-Agency Coordination Bodies . 18 
2.3 Anti-Trafficking Coordination Units/Centres/Agencies . 20 
2.4 Working Groups at the Operational/Local Level . 21 
2.5 Specialised Units . 22 
3. National Rapporteurs or Equivalent Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 
4. Formalised Cooperation Agreements . 26 
5. Cooperation Practices at the Operational Level . 28 
5.1 Identification . 28 
5.2 Referral . 31 
5.3 Assistance and Support System . 32 
5.4 Residence Regimes . 35 
5.5 Victims/Witnesses in Court Proceedings . 36 
5.6 Regional Cooperation for the Safe Referral, Return and Reintegration of 
Victims of Human Trafficking . 39 
6. Good Practices and Problem Areas . 40 
7. Recommendations . 45
vii 
PART 2 – Country Profiles . 49 
Denmark . 50 
Estonia . 62 
Finland . 72 
Germany . 86 
Iceland . 100 
Latvia . 108 
Lithuania . 118 
Norway . 128 
Poland . 140 
The Russian Federation . 150 
Sweden . 158 
ANNEX I – Anti-Trafficking Actors in the CBSS Region . 170 
Bibliography . 176
viii 
TABLE OF FIGURES – PART 1 
Fig. 1 Anti-Trafficking Policy Tools in the CBSS Region . 11 
Fig. 2 Implementation Timeframes of Policy Tools . 13 
Fig. 3 Overview of National Coordination Mechanisms . 15 
Fig. 4 National Coordination Mechanisms in CBSS Member States . 16 
Fig. 5 National Coordinators in CBSS Member States . 18 
Fig. 6 Inter-Agency Coordination Bodies in CBSS Member States . 19 
Fig. 7 Anti-Trafficking Coordination Units . 21 
Fig. 8 Working Groups at the Operational/Local Level . 22 
Fig. 9 Anti-Trafficking Specialised Units . 23 
Fig. 10 National Rapporteurs, Equivalent Mechanisms and other formulas . 25 
Fig. 11 Cooperation Agreements . 27 
Fig. 12 Multi-Stakeholders Identification Tools . 31 
Fig. 13 Residence Regimes . 36
ix 
TABLE OF FIGURES – PART 2 
Fig. 1 Denmark: National Coordination Mechanism . 51 
Fig. 2 Overview of the Danish Referral System . 53 
Fig. 3 The Danish Centre against Human Trafficking . 53 
Fig. 4 Estonia: National Coordination Mechanism . 63 
Fig. 5 Finland: National Coordination Mechanism . 73 
Fig. 6 Finland: Formalised Cooperation Agreements Overview Table . 75 
Fig. 7 The System of Victims Assistance in Finland . 83 
Fig. 8 Germany: National Coordination Mechanism . 88 
Fig. 9 Iceland: National Coordination Mechanism . 101 
Fig. 10 Latvia: National Coordination Mechanism . 109 
Fig. 11 Latvia: Formalised Cooperation Agreements . 110 
Fig. 12 Services offered by the Latvian NGO Shelter “Drosa Maja” (Safe House) . 113 
Fig. 13 Lithuania: National Coordination Mechanism . 119 
Fig. 14 Lithuania: Formalised Cooperation Agreements . 121 
Fig. 15 Norway: National Coordination Mechanism . 129 
Fig. 16 The Anti-Trafficking Coordination Unit (KOM) within the Norwegian coordination system . 130 
Fig. 17 Identification Data gathered through the ROSA Project . 132 
Fig. 18 Referrals to the Rosa Project in Norway . 134 
Fig. 19 Poland: National Coordination Mechanism . 141 
Fig. 20 Poland: Formalised Cooperation Agreements . 142 
Fig. 21 The Russian Federation: National Coordination Mechanism . 151 
Fig. 22 Sweden: National Coordination Mechanism . 160
x
1 
INTRODUCTION 
Despite the efforts of governments, international organizations and civil society, human trafficking remains 
a global problem. Around the world, millions of people are handled as commodities and exploited in an ever 
evolving trade. It cannot be emphasized enough that one of the first important steps toward coordinating 
an effective response is to understand the depth, breadth and scope of trafficking in persons. The United 
Nations Office on Drugs and Crime (UNODC) has taken some important steps in the past, with “Trafficking in 
Persons: Global Patterns” and the “Global Report on Trafficking in Persons” to begin to bridge this infor-mation 
gap. However, UNODC recognises that global problems require not only global, but also regional 
responses. That’s why studies like the one presented here are so crucial to understanding how best to combat 
this modern form of slavery. 
UNODC and the Council of the Baltic Sea States Task Force on Trafficking in Human Beings (CBSS 
TF-THB)2 have teamed up to implement the “Preparatory Regional Project on Fostering Non Governmental 
Organization (NGO) – Law Enforcement Cooperation in Preventing and Combating Human Trafficking in, 
from and to the Baltic Sea Region”. The aim of the research carried out within the project and presented in 
this study is to help lay the foundation for targeted and consistent approaches in the provision of assistance 
and protection to victims of human trafficking through improved cooperation among State actors and civil 
society organizations.3 The research aims in particular to establish a knowledge-base on existing cooperation 
mechanisms, identify shortcomings and obstacles and formulate recommendations for improved cooperation. 
A few main themes emerged throughout the research process. First, as already mentioned, reliable data gathering 
is the foundation of any other effort to combat trafficking in persons. The findings here demonstrate serious 
shortcomings in this area as well as a substantial under-reporting of cases. The latter may be due in part, 
to NGO personnel in some countries not being authorised to identify to government authorities foreign 
victims of trafficking. Second, many countries’ efforts are focussed on trafficking for sexual exploitation, to the 
exclusion of other forms of exploitation. In this respect, particularly identification of and service provision to 
victims of trafficking for other exploitative purposes is lacking. Third, and perhaps most relevant to the subject 
of the study, was the need to enhance communication between civil society and State actors. Improved 
communication between these two parties would facilitate shared understanding of what constitutes trafficking 
in persons, establish priority areas and joint policies and establish direct channels of communication between 
different service providers that do no rely upon personal contacts. 
With this study and the important findings contained here, we have reached a milestone, and a crossroads, 
in the Council of the Baltic Sea States (CBSS) region. It is now important to build upon the information 
presented here in order to ensure that all parties move along a common path that will put an end to this crime 
that shames us all. 
2 The CBSS TF-THB is composed of experts from Government ministries based in the CBSS capitals. The members 
of the CBSS are the States of Denmark, Estonia, Finland, Germany, Iceland, Latvia, Lithuania, Norway, Poland, the 
Russian Federation, and Sweden. The European Commission is also part of the Task Force, but was not involved in the 
implementation of the project. The CBSS TF-THB also has ten Observer States which take part in some of the activi-ties. 
These include: Belarus, France, Italy, Romania, the Netherlands, Slovakia, Spain, the United Kingdom, Ukraine, 
and the United States of America. 
3 This report does not focus on children victims/minors as the mandate of the CBSS TF-THB is on adult victims only.
2 
THE STUDY 
Geographic Scope of the Study 
This study focuses on the 11 Member States of the CBSS, which are Denmark, Estonia, Finland, Germany, 
Iceland, Latvia, Lithuania, Norway, Poland, the Russian Federation and Sweden. 
Timeframe and Project Phases 
The research was conducted between April and November 2009. It entailed a desk review phase, the gathering 
of information from stakeholders in the participating countries through different sets of questionnaires, and 
interviews during country assessment visits. 
In order to assess the state of cooperation among anti-trafficking players, a broad range of practitioners was 
consulted. Stakeholders involved in the project included anti-trafficking National Coordinators (NC), National 
Rapporteurs, Law Enforcement Agencies (LEA)(anti-trafficking specialised units where they are established), 
Immigration Authorities, Labour Inspectorates, Criminal Justice Authorities, Assistance Service Providers, 
comprising State, civil society representatives and in few instances international organizations (IOs), such as the 
International Organization for Migration (IOM). 
The number of NGOs and civil society actors consulted ranged from one to three per country. This was mostly 
due to limited capacity in terms of time and resources available to conduct interviews in each country. Not all 
categories of stakeholders were actively involved. In some instances labour inspectorates declined participation; 
border guards were involved only in a few countries; and immigration authorities and prosecutor’s offices could 
not be interviewed in all countries. Judges were not involved in the process in any of the participating States.4 
The CBSS TF-THB members were instrumental in helping the research team to identify key players in each 
country. 
Sources and Methodology 
Sources used for the study included official policy papers, such as National Programs and Action Plans (NAPs) 
or other policy tools, NAP evaluation reports, specialised publications from intergovernmental organizations, 
non-governmental organizations (NGOs), universities, research institutes and independent researchers. 
Documents such as Memoranda of Understanding (MoUs), ministerial directives, and operational guidelines 
were analysed throughout the process as they were made available by interview partners in the countries. As 
it was not always possible to translate such documents from the original language, non-official translations or 
summaries were used whenever possible.5 This may have sometimes resulted in an incomplete representation of 
the corresponding procedures. 
A preliminary questionnaire was distributed to CBSS TF-THB delegates at the outset of the process in April 
2009. The questionnaire focussed on gathering initial information on anti-trafficking actors in each country, 
National Referral Mechanisms (NRMs) and existing cooperation agreements in place at the national and 
regional level. 
4 Direct cooperation with judges in anti-trafficking efforts is reportedly not an established practice. The respect for the 
independence of the judiciary is often mentioned as a barrier to engage judges in cooperation projects. 
5 Translation capacity for Danish, Finnish, German, Norwegian, Russian and Swedish documents was provided 
through UNODC staff; translation capacity for Polish, Estonian, Lithuanian, Latvian and Icelandic was provided by 
the CBSS THB TF Members and interview partners in the countries.
3 
Prior to the country visits, a set of more detailed questionnaires was distributed to stakeholders in each country. 
Questionnaires comprised a mix of open and closed questions aimed at gathering information on cooperation 
practices in selected areas, e.g. identification, referral, support and assistance services for victims of trafficking 
(VoTs), cooperation agreements (e.g. MoUs, contracts, etc.), structures and capacity building measures. 
Specific questions were tailored for each target group in order to capture different aspects of operational 
practices in consideration of the individual mandates of the stakeholders involved. Questionnaires length ranged 
from about 20 to 50 questions depending on the target group. 
Questionnaires from law enforcement and service providers were returned by all the countries that distributed 
questionnaires (80%). Among these, 33% returned more than one questionnaire from law enforcement (police/ 
border guard units or different police units/representatives) and 55% returned more than one questionnaire 
from service providers; 55% returned questionnaires from national coordinators offices, prosecutors, and 
immigration authorities; 44% from labour inspectorates or similar bodies; 11% returned a questionnaire from 
the office of the National Rapporteur.6 
Individual interviews with single stakeholders lasted approximately two hours. Interviews aimed at gathering 
more insight in each of the fields surveyed through the questionnaires and identifying specific issues of concern. 
In the Russian Federation project activities could not be conducted as described above. An assessment visit to be 
conducted by an expert from the UNODC Anti-Human Trafficking and Migrant Smuggling Unit scheduled 
for July-August 2009 was ultimately not possible due to organizational restraints. Also access to sources used for 
the analysis, such as questionnaires, directives, agreements, and other operational tools could not be obtained.7 
In the final stages of the project however, State officials at the Ministry of Interior manifested interest in getting 
involved in possible follow-up activities related to enhancing cooperation between State actors and civil society 
in the field of victims’ assistance and protection. It is with the aim of supporting their endeavours that the 
partial information that could be processed by the research team is presented in this study. 
The Research Team 
Country assessment visits were conducted by different individuals, involving a total of five UNODC staff, one 
CBSS TF-THB Secretariat representative and the independent consultant leading the research activities for the 
project. Each interview team included a maximum of two persons per country. 
Members of the CBSS TF-THB were instrumental throughout the whole process, gathering information, 
organising the country assessment visits, and revising the data for their respective country. Most of them were 
also interviewed during country assessment visits in their official capacity at the national level. 
Research Focus 
The study attempts to provide insights into what institutionalised mechanisms and work practices are in place 
in the CBSS Member States to facilitate cooperation among different stakeholders in the field of support 
and assistance to trafficked persons. The ultimate aim of the research is to support the 11 target countries in 
identifying good practices, problem areas and possible ways to improve cooperation at the national level as well 
as regionally through targeted and consistent approaches. 
The research focuses in particular on assessing how cooperation among different actors is addressed or regulated 
in each country through policy tools, such as NAPs, the establishment of National Coordination Mechanisms 
(NCMs), the adoption of formalised cooperation agreements (e.g. MoU), as well as key procedures at the 
operational level. 
6 In the very few instances where no questionnaires were returned and no interview partner in the same stakeholder 
group could be interviewed, country profiles may present gaps in data. 
7 See Part 2, Country Profile, The Russian Federation.
4 
The focus of the research as it was formulated by the CBSS TF-THB was originally limited to cooperation 
between LEAs and NGOs providing assistance to victims of trafficking. Upon further discussions within the task 
force, the scope was broadened to encompass cooperation between State actors and civil society organizations, 
in acknowledgement of the importance of the numerous practitioners involved in anti-trafficking responses. 
Defining the scope of this research was per se a challenging exercise as in fact, despite the broadened focus, 
some significant realities of the CBSS region were not easy to capture within one formula. In countries such 
as Sweden for instance, where the State takes care of most of the services for the assistance and protection of 
victims, the parameters set (State actors-civil society) did not fit perfectly. Despite this, the data gathering 
brought interesting insights also in such a context, as good practices as well as difficulties at the operational level 
seem to be ultimately linked more closely to mandates, and related perceptions of priorities, than to the status 
of the stakeholders (State versus civil society).8 
The guiding questions around which the research revolves are the following: 
1. To what extent is cooperation integrated into policies, structures, and procedures in each country? 
2. What are the main problem areas related to victims’ assistance and support measures? 
3. What tools may be developed to improve cooperation among different practitioners, enhancing the 
national response as well as consistent approaches at the regional level? 
In order to answer the above questions and to illustrate the type of institutional framework for cooperation in 
place in each country, the first part of the data (part 1, chapter 1–3) has been organized around the description 
of policy tools and coordination mechanisms. Although these first chapters may read as a description, comparing 
country systems posed numerous challenges and in some cases, the representation chosen may not always do 
justice to national contexts. Special attention was devoted to gathering information about the existence of 
formalised cooperation agreements regulating work practices and procedures between different practitioners, 
such as for instance MoUs between law enforcement and service providers, or between and among other State 
actors and civil society organizations (part 1, chapter 4). Furthermore, selected areas at the operational level 
were analysed to focus on specific fields where it is widely acknowledged that bridging the gap between actors 
with different mandates is particularly challenging (Part 1, chapter 5). This part of the study covers procedures 
and work practices relating in particular to the following areas: Victims’ identification procedures, referral 
practices, access to assistance services, residence regimes linked to cooperation in criminal proceedings, 
protection of victims/witness in court proceedings, and transnational referral and return of victims within the 
CBSS region. 
These areas are all complex and broad-ranging. In approaching each of them, the main focus was on assessing 
whether the status quo is conducive to effective cooperation practices among different stakeholders or whether 
gaps in procedures or tools exist. 
With respect to victims’ identification for instance, some of the core questions focussed on what kind of 
identification procedures are in place. The objective was to try and understand if procedures are designed in a 
way that allows sufficient flexibility, recognising the role that a very broad range of actors may have in identify-ing 
presumed trafficked persons, as well as acknowledging that the process requires time and the involvement 
of different professionals to be carried out as needed. An important focus of the data gathering in this respect 
was whether procedures allow referral of presumed victims to assistance and support services without the need 
for the authorities to assess the case formally at the very outset, and if cooperation of different professionals is 
integrated into procedures as a pre-requisite to provide good standards of victims’ protection.9 
8 See Part 2, Country Profile, Sweden. 
9 For a concise description of victims’ identification best practices and problem areas, see the EU Recommendations on 
Identification and Referral to Services of Victims of Trafficking in Human Beings (2007), and the Report of the Experts Group 
on Trafficking in Human Beings (2004).
5 
In areas such as referral practices, the focus was on the systemic features in place to ensure a coordinated 
approach. Working questions addressed the existence of a first point of contact once a presumed victim had 
been identified, and of guidelines for referral to help facilitate the process of identification, regardless of the 
entry point of the victim. Another important focus was to assess if the practice of joint first contact interviews 
and of risk assessments involving different professionals were established. 
With respect to assistance services, attention was given to selected aspects related to coordination and co-operation, 
such as the link between access to support and assistance and identification procedures; systemic 
limitations in the targeting of services; and information available to different stakeholders on victims’ rights and 
entitlements. 
Finally an attempt has been made to report good practices, lessons learnt, new areas of attention, and problem 
areas summarising information in text boxes throughout the country profiles. 
It must be stressed that in response to the request of the CBSS TF-THB to keep the findings to a manageable 
size, this study does not provide an overview of legislation (this type of data has however been analysed in other 
recent publications)10 or data on the phenomenon of trafficking in the CBSS region.11 It is only in order to shed 
light on emerging features that information pertaining for instance to recent or expected legislative changes or 
to new trends detected in the phenomenon has been provided in the country profiles. 
Structure of the Study 
Part 1 of the study presents an overview of cooperation mechanisms and practices in the region, comparing data 
gathered in the 11 Member States in the following areas: 
1. National Programs and NAPs/other policy tools containing anti-trafficking measures 
2. National Coordination Mechanisms (NCMs) 
3. National Rapporteurs12 
4. Formalised cooperation agreements (e.g. MoUs) 
5. Cooperation practices at the operational level (identification, referral, assistance and support services, 
victims/witnesses in criminal proceedings, regional cooperation for the safe referral, return and re-integration 
of victims) 
10 Data on legislative frameworks, criminal justice responses, and number of victims identified in each country has been 
published in the UNODC-UN.Gift Global Report on Trafficking in Persons (2009). All the countries surveyed in this 
study are covered by the Global Report. http://www.unodc.org/documents/human-trafficking/Global_Report_on_TIP. 
pdf. Data on legislation and the trafficking phenomenon in EU Member States has been recently published by B. 
Hancilova, and C. Massey, Evaluation of EU Member States’ legislation and the situation concerning trafficking in human 
beings for the purpose of sexual exploitation, ICMPD, 2010 (awaited soon). A draft has been kindly provided for review, 
courtesy of the author and ICMPD. The CBSS TF-THB plans to carry out a study on data collection about human 
trafficking cases in the CBSS Region in the course of 2010. 
11 A number of sources covering the trafficking phenomenon in the region are provided in the bibliography. For an 
overview of existing literature published between 2000-2005 in four of the 11 CBSS Member States (Estonia, Germa-ny, 
Lithuania, and Poland), see I. Orfano, ”Trafficking in human beings: An analysis of the literature and an overview 
on the phenomenon in six European countries”, in I. Orfano et al., Headway. Improving Social Intervention Systems for 
Victims of Trafficking, Noktus, Warsaw, 2007. 
12 National Rapporteurs may also be considered part of NCMs, as in “Efforts to Combat Trafficking in Human Beings 
in the OSCE Area, Coordination and Reporting Mechanism”, Annual Report of the OSCE Special Representative and 
Coordinator for Combating Trafficking in Human Beings, Vienna, 2008. http://www.osce.org/cthb/item_11_36298.html
6 
Part 2 contains country profiles for the 11 CBSS Member States. The data analysed in the country profiles 
reflect the same areas presented in Part 1 with minimum variations in structure due to country context and 
specific national features. 
The International Framework for Action to Implement the Trafficking in Persons Protocol, was used as a 
reference tool to define the parameters for the analysis.13 A description of the variables and indicators used is 
provided in the introduction to Part 1 “Overview of Cooperation Mechanisms and Practices in the Council of 
the Baltic Sea States Region”. 
13 International Framework for Action to Implement the Trafficking in Persons Protocol, September 2009, 
http://www.unodc.org/documents/human-trafficking/Framework_for_Action_TIP.pdf. The variables analysed are 
based on the sections pertaining to Protection and Assistance, National Cooperation, International Cooperation among 
Member States, Cooperation among International and Regional Organizations.
7
8 
PART 1 – OVERVIEW OF COOPERATION MECHANISMS AND PRACTICES 
IN THE COUNCIL OF THE BALTIC SEA STATES REGION 
Introduction 
The importance of cooperation among different stakeholders is an established pillar of anti-trafficking efforts, 
addressed by numerous international instruments, including the UN Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention 
against Transnational Organized Crime; the Council of Europe Convention on Action against Trafficking 
in Human Beings; the European Union (EU) Action Plan on best practices, standards and procedures for 
combating and preventing trafficking in human beings (“EU Action Plan”); and the Organization for Security 
and Co-operation in Europe (OSCE) Action Plan to Combat Trafficking in Human Beings. Furthermore, 
different sets of guidelines and other operational tools have been developed at the international level to help 
countries implement coordination strategies (e.g. the International Framework for Action to Implement the 
Trafficking in Persons Protocol, the OSCE Handbook on National Referral Mechanisms, the International 
Centre for Migration Policy Development (ICMPD) Guidelines for the Development and Implementation of a 
Comprehensive Anti-Trafficking Response, etc.). The concepts and terminology used in this report draw largely 
on these and other existing instruments. 
Part 1 of this study presents information about cooperation mechanisms and practices related to victims’ 
protection and assistance measures, comparing data from the 11 CBSS Member States (Denmark, Estonia, 
Finland, Germany, Iceland, Latvia, Lithuania, Norway, Poland, the Russian Federation and Sweden). The data 
presented in this part of the study is compiled into five main sections: 
Chapter 1 describes the development of anti-trafficking policy tools, such as National Programs and Action 
Plans (NAPs) or equivalent instruments in the participating countries. 
Chapter 2 provides an overview of existing National Coordination Mechanisms (NCMs) focusing in 
particular on National Coordinators (NC), Inter-Agency Coordination Bodies (IACB), and working groups at 
the operational/local level. 
Due to the fact that in some countries anti-trafficking coordination units (also referred to as anti-trafficking 
coordination agencies or centres) are being established or considered, a section has been introduced to reflect 
developments in this area. While the mandates of these new bodies are not yet clearly defined (some are 
being piloted, others are still to be agreed upon), an attempt has been made to describe current features under 
consideration in Member States. 
Where dedicated units, such as law enforcement anti-trafficking units or specialised prosecutors have 
been established, this has also been documented. The inclusion of specialised units in the section devoted 
to coordination mechanisms is based on the consideration that such units de facto carry out an important 
coordination function in anti-trafficking efforts, although their mandate does not necessarily specify co-ordination 
as an explicit task.14 
An overview of National Rapporteurs or equivalent mechanisms is provided in Chapter 3. This chapter aims 
at mapping the existence of independent institutions monitoring the phenomenon and the effectiveness of 
responses devised in the county, as well as gathering and analysing data from different sources, including State 
actors and civil society organizations. However this study does not focus in particular on data gathering, an 
issue that is being addressed through other projects and initiatives.15, 16 
14 In some countries, e.g. in Poland, the special units are officially mandated to enhance cooperation. See NAP, Poland, 
2009-2010.
9 
Chapter 4 presents information on existing cooperation agreements such as Memoranda of Understanding 
(MoUs) aimed at facilitating cooperation between and among State actors and civil society organizations. 
To gather direct insight into how cooperation functions at the operational level in each country, Chapter 5 has 
been devoted to specific areas relating to victim protection and assistance measures. The parameters selected 
for the analysis include identification and referral practices, assistance and support systems, residence 
regimes, victims/witnesses in-court proceedings, and regional cooperation for the safe referral, return and 
re-integration of victims. 
15 All analysts point out the difficulties of data gathering in this field. See among others B. Hancilova and C. Massey, 
Evaluation of EU Member States’ legislation and the situation concerning trafficking in human beings for the purpose of 
sexual exploitation, ICMPD, 2010 (awaited soon); I. Orfano, ”Trafficking in human beings: An analysis of the litera-ture 
and an overview on the phenomenon in six European countries”, in I. Orfano et al., Headway. Improving Social 
Intervention Systems for Victims of Trafficking, Noktus, Warsaw, 2007. p. 14-16. Methodologies are being developed and 
tested in other regions. See for instance ICMPD, Handbook on Anti-Trafficking Data Collection in South Eastern Europe: 
Developing Regional Criteria, Vienna, 2007. 
16 The CBSS TF-THB plans to carry out a study on data collection about human trafficking cases in the CBSS Region 
in the course of 2010.
10 
1. ANTI-TRAFFICKING NATIONAL ACTION PLANS 
Anti-Trafficking Programs and Action Plans (NAPs) have contributed significantly to the coordination of State 
actors and civil society organizations in many regions of the world. As summarised in a recent report, “NAPs are 
used to plan a country’s actions against THB in a systematic, organized and co-ordinated way. They link a country’s 
framework of operational activities – its programs and other measures – to its strategic vision. The NAP is the 
blueprint for how, when and by whom strategic and operational activities are to be accomplished.” 17 
NAPs have also contributed to growing recognition of the importance of a human rights, victim-centred 
approach in anti-trafficking efforts – a principle which is now acknowledged among practitioners from different 
backgrounds. 
It should be stressed that NAPs are not legally binding tools. Measures envisaged in NAPs need to be 
implemented through legislative and operational initiatives in order to have an impact on reality. The 
existence of such policy tools is therefore per se not a sufficient indicator of the state of anti-trafficking efforts 
in a country. Yet NAPs are very often the first step in a country’s attempt to build a response system that over-comes 
fragmentation of efforts to achieve multi-disciplinary coordination. In this respect, they are significant 
indicators for the research objectives of this study. 
State of the Play in the Region 
Most countries in the CBSS region have introduced national anti-trafficking programs and NAPs or other 
policy tools that include anti-trafficking policy provisions in the last few years. 
In 2002, only two countries (less than 20%) had a dedicated anti-trafficking policy tool. In 2005, six of the 
eleven Member States (about 54%) had approved anti-trafficking policy tools.18 By 2009, nine countries out of 
eleven (about 80%) have a dedicated anti-trafficking policy instrument. 
One Member State, Germany, which has been active in anti-trafficking efforts longer than any other country 
in the region, does not have a dedicated action plan but has anti-trafficking measures streamlined into other 
action plans19. 
The Russian Federation has not approved a national action plan yet, but a draft has been prepared for approval. 
Some anti-trafficking measures are included in the Mid-Term Program of Russia’s Socio-Economic Develop-ment 
(2006–2008). The Russian Federation participates also in the CIS Regional Action Plan related to the 
implementation of the CIS Program of Co-operation to Combat THB for 2007–2010. Figure 1 and 2 
summarise information about developments in this area. 
17 OSCE, “Efforts to Combat Trafficking in Human Beings in the OSCE Area, Coordination and Reporting 
Mechanism”, Annual Report of the OSCE Special Representative and Coordinator for Combating Trafficking in Human 
Beings, Vienna, 2008, p. 12. 
18 Names of tools vary in the region and include “program”, “development plan” as well as “action plan”. In this report 
“National Action Plans” (NAPs) is used to refer to dedicated anti-trafficking policy tools as well as policy tools that 
include anti-trafficking measures. Official names of the policy tools are reported in figure 2 and in the country profiles. 
19 Action Plan on Violence against Women, Action Plan for the Protection of Children and Youth, see also Part 2, 
Country Profile, Germany.
11 
Fig. 1 Anti-Trafficking Policy Tools in the CBSS Region 
100% 
80% 
60% 
40% 
20% 
0% 
Percentage of Countries that have 
Introduced Anti-THB Policy Tools 
2002 2005 2009 
Source: UNODC-CBSS 
Other Policy Tools 
No Action Plan 
Dedicated Action Plans 
The policy tools vary considerably in length and approach. However most of them: 
• Contain a strategic level and an operational level (sometimes integrated, sometimes separated into 
narrative text and implementation tables)20 
• Address the issue of cooperation 
• Recognise the validity of a victim-centred approach 
Implementation Timeframes 
Most NAPs in the CBSS countries include timeframes for implementation which range from two to four 
years (see Fig. 2). Regular revisions are foreseen in all countries where an instrument is in place, together with 
regular reporting to Government and/or Parliament. Monitoring and evaluation of NAPs is also increasingly 
acknowledged as an important feature, with a prevalence of self-monitoring over independent monitoring and 
evaluation. In some countries, the techniques for monitoring and evaluation are however not an established 
practice and some independent monitoring would be highly beneficial. 
Germany and Sweden have different approaches to revising their NAPs. Germany introduced policy measures 
to combat human trafficking for sexual exploitation in 1999 and revised them for the first time in 2007. How-ever 
numerous developments have taken place in the meantime without having been mandated through NAP 
revisions.21 
In Sweden, where such policy tools are not a widespread practice and coordination is based on other methods, 
a National Action Plan to combat Prostitution and Trafficking was first approved in 2008 and will expire 
in 2010. At the time of writing it is not clear if this policy tool will be considered a one-off initiative to give 
impetus to anti-trafficking measures, or will be revised and updated on a regular basis. 
20 The strategic level includes ideally a preamble, some background analysis, objectives, indicators; the operational level 
includes activities, responsible bodies, resources, indicators. ICMPD, Guidelines for the Development and Implementation 
of a Comprehensive Anti-Trafficking Response, Vienna, Austria, 2006. 
Part 2, Country Profile, Germany.
12 
Forms of exploitation 
Policy tools in many countries in the region were at first focussed exclusively on sexual exploitation and 
on women as a target group. Some NAPs referred or refer to “trafficking in women” or “human trafficking 
and prostitution”, etc. (see Fig. 2). Indeed in many countries in the region, the terms “trafficking for sexual 
exploitation” and “prostitution” are still used often interchangeably. This is a feature that is rooted in public 
discourse and in different philosophies and approaches. For the purposes of this study, it must be mentioned 
that from a legal point of view terminology is not a neutral feature, as it has consequences for the type of 
support and protection that victims of the crime are entitled to, as well as for the terms of prosecution.22 
An evolution with respect to the focus of the policies can be observed in most of the countries, many of 
which have gradually recognised the complexity of the phenomenon and the existence of different forms of 
exploitation (e.g. labour, forced begging/delinquency practices, forced marriage, organs removal, domestic 
servitude, etc.). The names of the policy tools partly reflect this shift in focus (see Fig. 2). 
However, policy lines contained in the action plans indicate that counter-trafficking measures and service 
provision remain strongly targeted on trafficking for sexual exploitation and on women as a target group. 
Information gathered at the operational level confirms difficulties developing capacity to combat trafficking for 
other forms of exploitation. 
22 On the implications of terminology and interpretation of legal definitions, see among others I. Orfano (2007) p. 23; 
OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings (2008), 
p. 35; B. Hancilova, and C., Massey (2010, awaited soon). 
23 See also below sections on Special Units, Assistance and Protection Systems.
13 
Fig. 2 Implementation Timeframes of Policy Tools 
Implementation Timeframes of Policy Tools in CBSS Member States 
Denmark 
2002 Action Plan to Combat Trafficking in Women 
2005 Appendix concerning children 
2007-2010 Action Plan to Combat THB 
Estonia 
2006-2009 Development Plan against Human 
Trafficking 
Finland 
2005-2008 National Plan of Action against Traffick-ing 
in Human Beings. 
2008-To Be Determined. Revised National Action 
Plan against Trafficking in Human Beings. 
Germany 
1999 Federal Action Plan to Combat Violence 
against Women 
2007 Federal Action Plan to Combat Violence 
against Women II 
Iceland 
2009-2012 Action Plan against THB 
Latvia 
2004-2008 National Program for Prevention THB 
2009-2013 National Program for Prevention of THB 
(Approved August 2009) 
Lithuania 
2002-2004 Program for the Control and Prevention 
of THB and Prostitution 
2005-2008 Program for the Prevention and Control 
of THB 
2009-2012 Program for the Prevention and Control 
of THB 
Norway 
2003 Plan of Action to Combat Trafficking in Women 
and Children 
2006-2009 Stop Human Trafficking 
Poland 
2003-2004 National Program for Combating and 
Preventing THB 
2005-2006 National Program for Combating and 
Preventing THB 
2007-2008 National Program for Combating and 
Preventing THB 
2009-2010 National Action Plan against THB 
(Approved May 2009) 
Russian Federation 
Draft National Action Plan (to be approved) 
2007-2010 CIS Regional Action Plan 
Sweden 
2008-2010 Action Plan to Combat Prostitution and 
Trafficking in Human Beings for Sexual Purposes 
Source UNODC-CBSS
14 
2. NATIONAL COORDINATION MECHANISMS 
Anti-trafficking National Coordination Mechanisms (NCMs) are a core element of an effective anti-trafficking 
response. A single successful formula to design effective coordination mechanisms does not exist. Yet it is 
generally acknowledged that NCMs are “about identifying and integrating essential expertise and authorities needed 
to combat THB [...and that they] are meant to provide leadership for the coordination of concrete anti-trafficking 
efforts and activities [and] organize the collective efforts of a country to produce the most effective [...] results.” 24 
CBSS countries have legitimately opted for different solutions in terms of coordination.25 Most of them have 
established some form of NCM and in many cases a rather sophisticated coordination framework. 
Comparing systems at this level is always a difficult exercise. The use of the same terminology may often hide 
substantial differences in mandates; at the same time, different language may be used for bodies that have very 
similar functions. In full acknowledgement of the fact that there is always the possibility of misinterpreting data 
when carrying out analysis, an attempt has been made to respect country denominations and descriptions, while 
providing additional information to allow comparisons whenever possible. 
This chapter presents an overview of NCMs taking a broad focus and encompassing policy and operational 
levels,26 including in particular: 
• National Coordinators (NC) 
• Inter-Agency Coordination Bodies (IACB) 
• Anti-Trafficking Coordination Units/Centres/Agencies 
• Working Groups at the Operational/Local Level 
• Specialised Units within Law Enforcement and Criminal Justice Authorities 
While NCs, IACBs and Working Groups at the Operational/Local Level are often referred to when discussing 
NCMs, the other two categories addressed in this chapter-Anti-Trafficking Coordination Units/Centres/ 
Agencies and Specialised Units within Law Enforcement and Criminal Justice Authorities – require a word of 
explanation. 
The inclusion of a section devoted to Anti-trafficking Coordination Units (also called Centres or Agencies) 
was not planned originally. It reflects recent developments at the operational level which recognize these units 
as a significant coordination mechanism. 
Such units have been established and/or are being piloted in four countries (Poland, Denmark, Norway and 
Sweden) and are under consideration in two others (Latvia and Lithuania). Information on mandates is not 
always available or clearly defined. This adds to the difficulty of comparing such institutions across systems. 
Against this background, an attempt has been made to describe current features under consideration in 
Member States based on the information that could be gathered. Sometimes official documentation and 
descriptive charts were available; sometimes a proposal to be submitted for approval could be reviewed; in one 
instance, information available was based exclusively on interviews with State officials.27 
24 OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings, 
(2008). The document provides an overview on purpose and rationale of NCMs, as well as an overview of NCMs in the 
OSCE region. 
25 “Because of the existence of different forms of government jurisdiction and legal systems of the participating States, 
different models or approaches to national/local co-ordination would be necessary”, ibid. p.27. 
26 On the challenges of ensuring effective NCMs covering policy and operational levels, ibid. p.28. 
27 Interview with the CBSS THB Task Force Member, Vilnius, Lithuania, June 2009.
15 
Finally, the inclusion in this section of data on specialised units such as law enforcement anti-trafficking units 
or specialised prosecutors is based on the consideration that such units de facto carry out an important co-ordination 
function in anti-trafficking efforts at the operational level, although their mandate may not specify 
coordination as an explicit task. 
An overview of existing NCMs is summarised in Figures 3 and 4. 
Fig. 3 Overview of National Coordination Mechanisms 
Overview of NCMs in the Baltic Sea region 
64% 91% 55% 73% 82% 18% 45% 
NC 
Anti-THB Coord. Unit 
IACB 
Source UNODC-CBSS 
Working Groups 
Specialised Police 
NC – National Coordinator 
IACB – Inter-Agency Coordination Body 
Sp. Prosecutors 
Sp. Border Guards
16 
Fig. 4 National Coordination Mechanisms in CBSS Member States 
Country NC IACB Coordination Unit Working Groups Specialised Units 
Denmark - Yes Danish Centre against Yes Police 
Human Trafficking 
(CMM) 
Estonia Yes Yes - - - 
Finland - Yes - Informal Police 
Germany - Yes - Yes Police 
Iceland Yes Yes - - - 
Latvia Yes Yes Proposal Ad hoc Police, Prosecutors 
Lithuania Yes Yes Proposal Yes Police, Prosecutors 
Norway Yes Yes Anti-THB Coordination Yes Police 
Unit (KOM) 
Poland Yes Yes Mixed mandate Yes Police, Border Guard, 
Prosecutors 
Russian Federation - Yes* - - Police, Prosecutors 
Sweden Yes** - National Support Yes Police, Border Guards, 
Operations against Prosecutors 
Prostitution and 
Trafficking (NMT) 
Source UNODC-CBSS 
*A policy and legislative body is in place. A coordination body is expected to be appointed by the President of 
the Russian Federation upon approval of the anti-trafficking law by the State Duma. 
**The NC in Sweden is appointed temporarily, for the duration of the NAP 2008-2010. The mandate of the NC 
is limited to develop and enhance cooperation and coordination amongst key stakeholders. 
2.1 NATIONAL COORDINATORS 
Seven out of eleven countries (64%) currently have a National Coordinator (NC)28 (see Fig. 4). NCs are 
appointed at Ministries of the Interior (MoI), Ministries of the Interior and Administration (MoIA), Ministries 
of Justice (MoJ) and Prime Minister’s Offices. In Sweden the National Coordinator is appointed at the County 
of Stockholm. The level of the post varies greatly. In some countries it is a senior official, in other countries it is 
a junior function. Some National Coordinators have support staff. 
Most NCs chair the national IACB.29 In most countries the NC is appointed by the ministry in charge of the co-ordination 
of anti-trafficking efforts.30 However each ministry, agency and organization is generally responsible 
for implementing tasks within its respective area of responsibility. The mandate of the NC does not encompass 
28 In Poland the Undersecretary of the MoIA, who chairs the IACB, has similar functions as a NC. This study respects 
the denominations adopted by each country. Wherever possible additional information is provided to illustrate 
specificities of each country and allow comparisons beyond official denominations. 
29 Sweden has a system that is not easily comparable to other countries. For the specificities of the Swedish system, 
please see Fig. 6 as well as Part 2, Country Profile, Sweden. 
30 For Sweden, see also note 21. In Iceland the Chair of the recently appointed Specialist and Coordination Team is 
based at the Prime Minister’s Office, but the Ministry in charge for coordination of anti-trafficking efforts is the 
Ministry of Justice.
17 
a direct supervisory role, but foresees the facilitation of coordination by setting the agenda and keeping the 
overview on activities carried out by different actors at the national level. 
NCs have reporting duties on the state of implementation of the anti-trafficking NAP. 
In countries where a NC is not appointed, the issue of leadership is usually addressed by designating one 
particular ministry as a focal point for anti-trafficking efforts. 
As correctly pointed out in a recent report: 
“The choice of which ministry is to lead an inter-ministerial working group can have implications for how the issue 
is understood and approached. In some cases, whether intentionally or not, the placement of leadership may impose 
a particular policy perspective and operational emphasis. For example, if the lead ministry is a law enforcement or 
migration regulation agency, this is likely to have important implications for how the State approaches the issue, and 
perhaps especially for how it understands and implements victim-centred principles in cases of THB. [...] 
The choice of ministry may also contribute to the issue being viewed and treated primarily or exclusively as a transna-tional 
phenomenon, or being treated in its internal or domestic trafficking manifestations. [...] 
Finally, the NCM may not operate successfully, or the issue may be marginalized, if its leadership is established in 
an office or ministry that does not have much authority within the Government, has a limited mandate, or has low 
budgetary resources or none at all.” 31 
In 54% of the countries, the coordination function has been given to the MoI or the MoJ. 
In Germany the set-up is different, with the competences being divided between two different ministries: the 
Federal Ministry for Family Affairs, Senior Citizens, Women and the Youth and the Ministry of Labour and 
Social Affairs, depending on the form of exploitation considered. 
In one country – Iceland – the competences have been recently passed from the Ministry of Social Affairs to the 
MoJ. However the NC is based in the Prime Minister’s Office. 
In Sweden, the focal point for anti-trafficking activities is the Ministry of Integration and Gender Equality, 
while the NC is based at the County Administrative Board of Stockholm. 
In Denmark, the competence as anti-trafficking focal point is administered by the Department for Gender 
Equality, which has been recently moved from the Ministry of Welfare to the Ministry of Employment. 
As indicated above, there is no single formula for a perfect balance of expertise and competences. It is essentially 
up to each country to evaluate the effectiveness of the solutions adopted. 
It surely is worth stressing that at this stage of the process – when structures are being piloted or considered, 
and monitoring and evaluation of policies is carried out on a regular basis – such factors are worth considering. 
The choice of the body in charge of the coordination function deserves to be considered also in light of 
emerging data pointing out the existence of cases of human trafficking for other forms of exploitation (labour, 
forced begging, forced marriage, domestic servitude, etc.) which may render institutional frameworks devised in 
the past few years obsolete or sub-optimal. 
31 OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings (2008), 
p.31.
18 
Fig. 5 presents an overview of NC in the region and the ministry in which they are based. It also includes 
information about support staff allocated and the level of the post. For countries where a NC is not in place, 
the third column indicates what ministry has been designated as a coordination body or as a focal point. For the 
other countries, the same column indicates the ministry where the NC is based. 
Fig. 5 National Coordinators in CBSS Member States 
Country NC Ministry Staff Full-Time Post 
Denmark - MoE* - - - 
Estonia Yes MoJ - No Adviser 
Finland - MoI/ - - - 
Germany - BMFSFJ/BMSA** - - - 
Iceland Yes PM Office/MoJ*** - No - 
Latvia Yes MoI 1 No Director of Department 
Lithuania Yes MoI 2 No Vice-Minister 
Norway Yes MoJP° - No Senior Adviser 
Poland - MoI 5 - Undersecretary of State 
Russian Federation - - - - - 
Sweden Yes Stockholm County 2 Yes National Coordinator 
MIJ°° against prostitution and 
THB 
* Ministry of Employment, Department for Gender Equality. 
** Ministry for Family Affairs, Senior Citizens, Women and Youth, Ministry of Labour and Social Affairs. 
*** The National Coordinator is based at the Prime Minister Office; the coordination function is with the MoJ. 
° Ministry of Justice and the Police 
°° In Sweden the National Coordinator is based at the Stockholm County Administrative Board. The Ministry of 
Integration and Gender Equality has the coordination function of the National Action Plan. The NC in Sweden 
is appointed temporarily, for the duration of the NAP 2008-2010. The mandate of the NC is limited to develop 
and enhance cooperation and coordination amongst key stakeholders. 
2.2 INTER-AGENCY COORDINATION BODIES 
Inter-agency coordination bodies (IACB) are generally responsible for developing policy and following up on 
the implementation of agreed-upon measures. 
In the CBSS region, nine out of eleven countries (91%) have an IACB involving representatives from different 
ministries, competent departments within ministries, law enforcement agencies, sometimes criminal justice 
authorities (mostly Public Prosecutor’s Offices), IOs, local government representatives and specialised units. 
Civil society actors are involved in all of them (Fig. 6). Their capacity to influence policy decisions varies 
depending on the degree of participatory decision-making models used in each country. 
In Finland, for instance, civil society actors are invited to participate in meetings of the IACB as expert partners, 
but the overall responsibility for the implementation of the NAP rests with government actors; in Lithuania, 
NGOs participate in the meetings of the national task force as observers twice a year to share experiences with 
governmental actors and can make suggestions for measures to be included in the NAP; in Germany, civil 
society representatives have the same decision-making power as the government counterparts; in Norway, the 
IACB is an inter-ministerial body, but civil society organizations are included in the decision-making process 
through the anti-trafficking national coordination unit (KOM). In Latvia, NGOs participate in the decision-making 
process through the National Working Group.
19 
In Denmark, a number of civil society actors work with the Danish Centre against Human Trafficking (CMM) 
on a contractual basis and participate in regional reference groups as part of the national referral mechanism. 
The purpose of the regional reference group is, among others, to bring knowledge and experiences from the 
regional and local level to the national and policy level. The overall responsibility for the implementation of the 
NAP rests with the IACB, which is composed of representatives from different ministries. The Department of 
Gender Equality leads the group. 
In Iceland, the Specialist and Coordination Team has just been appointed at the time of writing and procedures 
are yet to be established. 
In the Russian Federation, a coordination body is expected to be appointed upon approval of the Draft Law to 
Combat Human Trafficking. 
The inter-agency coordination body meets twice a year in Estonia, Lithuania and Poland; three times a year 
minimum in Germany and Denmark; four times a year in Latvia, and six times a year in Finland and Norway. 
Figure 6 below summarises the information provided in this section. A list of actors participating in national 
inter-agency coordination in each country is provided in Annex I. 
Fig. 6 Inter-Agency Coordination Bodies in CBSS Member States 
Country IACB Civil Society Frequency of Meetings 
Denmark Inter-Ministerial Working Group Other* 3/Year 
Estonia Coordination Network Yes 2/Year 
Finland NAP National Steering Group Yes 6/Year (average) 
Germany Federal Working Group on Trafficking Yes 3 or 4/year 
in Women 
Iceland Specialist and Coordination Team Yes To be determined 
Latvia32 National Working Group Yes 4/Year (minimum) 
Lithuania National Task Force Yes 2/Year (minimum) 
Norway Inter-Ministerial Commission Other* 6/Year 
Poland Inter-Ministerial Committee Yes 2/year 
Russian Federation** - - - 
Sweden*** National Support Operations against Other - 
Prostitution and Trafficking (NMT) 
*Civil society organizations are involved through the anti-trafficking coordination units (CMM in Denmark, KOM 
in Norway). 
** Expected upon approval of the anti-trafficking law. 
***There is no formally established inter-agency coordination body in Sweden. it is important to note that any 
multi-agency issue, such as trafficking in human beings, requires a consensus within the Swedish Government 
for decisions to be made. The responsible ministry needs to gather the input and receive the agreement of all 
the relevant ministries before being able to make a decision. 
32 In Latvia there is currently only one NGO providing services to victims of human trafficking.
20 
2.3 ANTI-TRAFFICKING COORDINATION UNITS/CENTRES/AGENCIES 
Some of the Member States have identified the need to have a centralised point of contact to enhance co-ordination 
of anti-trafficking activities at the operational level, addressing for instance difficulties connected 
with referrals and victims’ assistance, information flow, problem-solving capacity, data gathering, professional 
training, etc. A trend seems to have emerged to face a range of rather varied needs through a permanent 
structure. In terms of institutional frameworks, such bodies are positioned between the IACB and working 
groups at the operational/local level. Titles vary; mandates are at least partially converging. Fig. 7) 
Overview 
In six out of 11 countries (55%), a THB coordination unit/centre/agency is in place or is being considered. 
In Norway, KOM was established in 2006; in Denmark, the CMM was set-up in 2007. Both started as pilot 
projects and are being considered as possible solutions to be institutionalised. In Sweden, a unit called National 
Support Operations against Prostitution and Trafficking has been recently set up. In Poland, a unit against 
human trafficking is based at the Ministry of Interior and Administration. In Lithuania, an Anti-Trafficking 
Information Centre is planned. In Latvia, a model for cooperation has been developed that includes a proposal 
to establish a coordination agency. The proposal is still on paper and needs to be submitted for consideration. 
Funding problems may hamper or delay implementation. 
Mandates 
As mentioned in the introductory remarks to this chapter, information on mandates of these new units is not 
available or clearly defined for all countries that are considering them. However, an attempt has been made 
to describe current features under consideration in Member States based on the information that could be 
gathered. 
In Norway, the KOM acts as a point of contact for referrals, as a problem-solving hub, and as a capacity-building 
unit. KOM operates a hotline for trafficked persons; it is tasked with identifying problems at the 
operational level and coordinating input to provide solutions; it connects and supports all actors in order to 
ensure an effective response; and it addresses training needs and develops technical tools. 
In Denmark, the CMM is responsible for ensuring that social services for victims of trafficking are provided 
in accordance with the policy lines described in the national action plan;33 to improve and develop procedures 
for better collaboration among stakeholders; to provide training to professionals; and to gather and disseminate 
information and data on human trafficking and anti-trafficking efforts. 
In Sweden, the unit focuses on operational work, coordination of activities, tasks, and case management, as 
well as trying to ensure information sharing among agencies and information gathering at the national level is 
efficient. 
In Poland, the Anti-Trafficking Unit at the MoIA has a mixed mandate, more similar to the mandate of support 
staff of a National Coordinator, but also with some of the features characteristic of the above-mentioned units 
in the other countries. The MoIA Unit coordinates activities of the action plan, is responsible for preparing 
updated versions of it, and supervises the program for victims’ assistance, administered by an NGO. It does not 
take care of referrals directly as other coordination units do. 
In Lithuania, the planned Anti-Trafficking Information Centre is expected to act as a central point of contact 
for referral and assistance for victims of trafficking, offering also short-term shelter (approximately three 
nights).The Centre is also meant to collect data about assisted THB victims, including continuity of assistance, 
prosecution, and other information about the trafficking case, and to conduct research on THB. 
33 Anti-trafficking policies in Denmark prioritize strongly the return of victims to their country of origin, see Part 2, 
Country Profile, Denmark.
21 
In Latvia, the proposed Anti-Trafficking Coordination Agency described in the “Optimal Model for National 
Cooperation,”34 is supposed to be in charge of prevention measures35, coordination of different stakeholders, 
capacity-building, research and data gathering. The proposal is on paper at the moment. Funding difficulties are 
likely to delay implementation. 
Fig. 7 Anti-Trafficking Coordination Units 
Country Anti-Trafficking Coordination Units Year Staff 
Denmark CMM (Pilot Project) 2007 5 
Estonia - - - 
Finland - - - 
Germany - - - 
Iceland - - - 
Latvia Proposal Developed - - 
Lithuania Agency Planned 2011 N.A. 
Norway KOM (Pilot Project) 2006 2 
Poland Anti-THB unit in MoIA 2006 5 
Russian Federation Data not available - - 
Sweden NMT 2009 - 
2.4 WORKING GROUPS AT THE OPERATIONAL/LOCAL LEVEL 
In an attempt to capture as many layers of coordination efforts as possible and present them in a concise format, 
this section contains categories that are rather varied in terms of composition, mandate, and level. This is due to 
the different formulas and frameworks set in place in each country. The territorial dimension of countries also 
plays a role as the CBSS Member States include a very diverse range of countries. Therefore this section does 
not attempt to compare working groups. It simply aims to map layers of institutional response complementing 
the ones described in the previous sections for each respective country. A few general observations can be made: 
Eight countries out of 11 (73%) have established some form of coordination body at the operational and/or at 
the local level. All existing working groups identified include civil society organizations. Denmark and Norway 
have set up a rather articulated system.36 In some countries, the working groups are present only in some 
regions or municipalities (Lithuania). Working groups are formally established and with a fixed composition 
in some cases (e.g. Denmark, Germany, Norway, Poland, Sweden); in others, they are convened on an ad hoc 
basis, with different participants depending on the topic (e.g. Latvia) or are convened informally (Finland). 
Frequency of meetings is regulated in some cases and flexible in others. (Fig. 8) 
More detailed information to interpret country contexts as appropriate can be found in the respective country 
profiles. 
34 Ministry of Interior of Latvia, Cooperation to Prevent Human Trafficking, Situation Analysis and the Optimal Model for 
National Cooperation, EU Equal Project Open Labour Market for Women, Riga, 2007. 
35 The term “prevention” is used throughout the document to encompass also protection and prosecution measures. 
This renders the model ambiguous as it mixes policy and operational measures pertaining to different areas. Ibid. p. 
24–32 and 65–68. 
36 For details, see Part 2, Country Profiles, Denmark and Norway.
22 
Fig. 8 Working Groups at the Operational/Local Level 
Country Oper./Local Working Groups Civil Society Frequency of Meetings 
Denmark National Reference Group Yes Quarterly 
6 Regional Groups 3-4 Times/Year (flexible) 
Working Group to coordinate Quarterly 
measures with immigration service 
Estonia - - - 
Finland City of Helsinki (informal) - Few times per year 
Germany Working Groups* Yes As needed 
Iceland Planned** Yes As needed 
Latvia Ad hoc Yes As needed 
Lithuania Regional WG Yes As needed 
Norway Project Group Yes 8 Times/Year 
Reference Group 8 Times/Year 
+Joint Meetings 2/year 
Local Coord. Units As needed 
Poland Working Group Yes Once/month 
Thematic Groups Ad hoc 
Regional Groups (planned) - 
Russian Federation Data not available - - 
Sweden Working Group + Yes - 
Local Teams/NGOs*** 
*Focus on trafficking in women for sexual exploitation. 
**An Emergency Team complementing the work of the IACB at operational level is planned. 
*** Focus on sexual exploitation and prostitution. 
2.5 SPECIALISED UNITS 
The establishment of specialised law enforcement units and personnel in the criminal justice system, 
specifically trained to deal with human trafficking cases, is widely acknowledged to have significantly 
contributed to enhancing anti-trafficking efforts, identification of victims of trafficking, and inter-agency co-operation. 
In the CBSS region eight out of 11 countries have established anti-trafficking police units and one country has 
established anti-trafficking border guard units (Fig. 9). Specialised law enforcement units often play a key role 
in developing and introducing new practices relating to investigative efforts, identification, referral, and co-operation 
with service providers. 
Five countries out of eleven have specialised staff among the criminal justice authorities in Prosecutors’ Offices. 
Low awareness levels of judges are reported rather consistently across the region.
23 
Fig. 9 Anti-Trafficking Specialised Units 
Country Anti-Trafficking Law Enforcement Units Specialised Prosecutors 
Denmark National Centre for Investigations (NCI) - 
Estonia - - 
Finland* National Bureau of Investigation 10 prosecutors 
Germany Police Units - 
Iceland - - 
Latvia 19 police officers + 4 (regional level) 10 prosecutors 
Lithuania 16 police officers 32 prosecutors 
Norway 13 police officers 1 support staff - 
Poland** 2-3 police officers in 16 regions 16 prosecutors 
13 border guards 
Russian Federation Specialised Unit, MoI Investigation Department Prosecutors (exact data not 
available) 
Sweden Police Units (main cities) Prosecutors (main cities) 
*Finland has 4 specialised officers at the Finnish Immigration Service. 
**Poland has appointed “anti-trafficking consultants”37 in the regional government offices (1 person minimum 
in each office). See Annex I. 
37 Details on the mandates of the “anti-trafficking consultants” were not made available, but general information 
received indicates that their role is to enhance cooperation and coordination in anti-trafficking efforts.
24 
3. NATIONAL RAPPORTEURS OR EQUIVALENT MECHANISMS 
National Rapporteurs are not a widespread institutionalised practice in the region. The definition of the 
duties of a National Rapporteur as an independent State institution in charge of comprehensive data gathering, 
independent monitoring and reporting on human trafficking and anti-trafficking efforts at national level is also 
not widely recognised.38 Yet the importance of acquiring and analysing data on trafficking and of monitor-ing 
the effectiveness of anti-trafficking efforts is generally acknowledged, and data gathering is beginning to 
be addressed in most of the CBSS countries, although major challenges are still widely reported. Also regular 
reporting to Government and Parliament is an established practice although it may not necessarily be carried 
out by the same institution in charge of data gathering and analysis, or by an independent State actor, i.e. a 
body/institution with no role in the implementation of anti-trafficking measures.39 
Finland is the only country in the region that has recently appointed an independent National Rapporteur 
for human trafficking (2009).The mandate has been given as an additional task to the Ombudsman for 
Minorities. The Finnish office of the National Rapporteur has a strong mandate, similar to the Dutch model, 
and can substantially influence policy decisions in Finland. 
Among the countries that have opted in other ways to have an independent institution gather and analyse 
independently information on the situation of human trafficking in the country, Lithuania has established a 
process to have a research institute or an NGO develop a summary report on a regular basis. 
Other formulas have been adopted by some CBSS countries, which cannot be considered equivalent 
mechanisms. For instance, Sweden has mandated the National Police Board as National Rapporteur since 1997. 
A Detective Investigator at the National Police Board is in charge of carrying out the task. In Germany, the 
Federal Criminal Police Office publishes a situation report on human trafficking yearly and presents it to police, 
political leadership and decision-making bodies.40 Denmark has tasked the CMM with data collection duties. 
In Estonia and Latvia the NCs have been assigned the task of data gathering and analysis. In Iceland the system 
is still being discussed. 
38 For a concise description of the duties of National Rapporteurs, see the “Alliance Statement on National Rapporteur or 
Equivalent Mechanism”, presented by the OSCE Special Representative for Combating Trafficking in Human 
Beings (SR) on behalf of the Alliance Expert Coordination Team (AECT), 16 October 2008. 
39 On reporting about anti-trafficking policy implementation, see National Action Plans above. 
40 The possibility of instituting a National Rapporteur is under consideration in Germany at the time of writing. Part 2, 
Country Profile, Germany.
25 
Fig. 10 National Rapporteurs, Equivalent Mechanisms and other formulas 
Country Independent National Equivalent Other 
Rapporteur Mechanism 
Denmark - - Danish Centre against 
Human Trafficking (CMM) 
Estonia - - National Coordinator 
Finland Ombudsman for - - 
Minorities (2009) 
Germany - - Federal Criminal Police 
Iceland - - National Coordinator 
Latvia - - National Coordinator 
Lithuania - Independent report - 
by a research institute 
or NGO 
Norway - - National Coordinator 
Poland - - - 
Russian Federation - - - 
Sweden - - National Police Board
26 
4. FORMALISED COOPERATION AGREEMENTS 
This section presents information on formalised agreements between different stakeholders. At the outset of the 
research, the focus was on mapping the existence of Memoranda of Understanding (MoUs) regulating duties 
and responsibilities and aimed at facilitating the cooperation among anti-trafficking practitioners. In particular, 
the existence of MoUs between law enforcement agencies and NGOs was indicated as an area of interest by 
many stakeholders interviewed, as MoUs have clearly emerged as a good practice for enhancing anti-trafficking 
efforts. However the scope of the research has been expanded to capture the broadest possible range of existing 
tools regulating practices related to anti-trafficking efforts and to identify other possible areas for enhanced 
cooperation. 
As data received was generally not translated, summaries had to be used instead.41 In comparing summaries of 
agreements sent by different stakeholders, it appeared that agreements reported included MoUs, agreements 
regulating the sub-contracting of services, as well as agreements regulating other operational areas that may 
include some anti-trafficking provisions. 
Data gathering was structured to identify if the following stakeholders have formalised cooperation: 
• Law Enforcement Agencies (LEAs) – Assistance Service Providers (State/Civil Society Organizations) 
• State (variable actors) – Civil Society Organizations 
• Criminal Justice Authorities – Civil Society Organizations 
• Labour-Civil society Organizations 
Law Enforcement Agencies–Assistance Service Providers 
(State/Civil Society Organizations) 
In this area, MoUs (cooperation agreements) are an established practice only in Germany. They regulate duties 
and responsibilities of LEAs and civil society organizations. Other tools (contracts, directives, etc.) complement 
them. 
In Lithuania, an NGO mentioned the existence of an agreement between the local police and NGOs (2 local 
agreements). The information was not mentioned by any other stakeholder. The agreements are very short and 
rather general.42 
In Latvia, a MoU regulating roles and responsibilities of law enforcement and the only NGO service provider 
currently active in this area is expected to be negotiated in 2010. 
In Sweden assistance to victims of trafficking is mostly taken care of by State agencies. Cooperation between law 
enforcement officers and social workers from the Welfare services is an established practice. In the main towns, 
joint teams operate from the same location. 
State (variable actors) – Civil Society Organizations 
In three countries (Denmark, Latvia, Poland), there are agreements between State actors (relevant Ministry 
or coordination units) and civil society organizations. Such tools mostly regulate the financial and legal terms 
under which NGOs are supposed to administer services to trafficked persons. 
41 See Sources and Methodology above. 
42 In Lithuania an agreement between the NGO “Missing Persons Families Support Centre” and the Vilnius police was 
signed in 2006. The text of the agreement is available in original language only. It is one page long and information 
provided indicates that the agreement is not focussed on human trafficking, but mentions identification of trafficked 
persons and includes one provision about the referral of THB victims from police to service provider personnel.
27 
In Finland, a MoU between the reception centres and an NGO has recently been signed. It regulates the 
possibility for the NGO to charge for translation services during victim interviews. 
Criminal Justice Authorities – Civil Society Organizations 
No cooperation agreements are currently in place, involving criminal justice authorities and civil society 
organizations. 
Labour-Civil society Organizations 
No cooperation agreements are currently in place, involving labour inspectorates and civil society organizations. 
A Look Ahead 
In some of the CBSS countries, MoUs are being considered as a next step to address some of the currently open 
operational issues. The discussion on the usefulness of MoUs has already made it into the official agenda in 
certain countries (e.g. Latvia, Norway); in others, practitioners have mentioned the need for MoUs to clarify 
roles and formalise good practices that may have been developed but are based on personal contacts (e.g. 
Estonia, Lithuania). Some State officials and civil society representatives interviewed indicated that the 
difficulty rests in the lack of vision about what kind of arrangements would best address current needs. For 
instance how many MoUs would be appropriate, what actors should be involved and in what combinations, 
whether the MoUs should be bilateral or multi-lateral, etc. 
Fig. 11 Cooperation Agreements 
Country LEA-NGO Other 
Denmark - Contractual agreements between the Danish 
Centre against Human Trafficking and NGO 
service providers 
Estonia - - 
Finland - MoU State service provider – NGO 
Germany Federal Cooperation - 
Concept (1999, 2007) 
MoU or other cooperation 
tool in 12 Länder43 
Iceland - - 
Latvia MoU planned 2010 MoU of a contractual nature in the field of 
protection of public safety between MoI-NGOs 
(a total of 16, one of which for THB) 
Lithuania 2 local agreements - 
Norway - - 
Poland* - Contractual Agreement State-NGO 
Russian Federation - - 
Sweden44 - - 
*Some THB provisions in a recent LEA-Labour Agreement (no NGO involvement) and some THB provisions in 
a recent Border Guard-Police Agreement (no NGO involvement). 
43 Germany is a Federal Republic consisting of 16 Länder. 
44 Cooperation between authorities is regulated in paragraph 6 § in the Administrative law, and Section 15 paragraph 5 
in the Secrecy Act.
28 
5. COOPERATION PRACTICES AT THE OPERATIONAL LEVEL 
This section presents an overview of how cooperation functions at the operational level in specific areas relating 
to victims’ protection and assistance measures. 
The selection of the areas addressed and the indicators selected are targeted to the priorities of the present 
study i.e. cooperation among State actors and civil society organizations to ensure adequate standards of victim 
protection and assistance to trafficked persons. Areas considered in this section include: 
• Identification practices 
• Referral practices 
• Assistance and support systems (housing, medical, psychological counselling, legal and administrative 
support, re-integration measures) 
• Residence regimes 
• Victims/witnesses during criminal proceedings 
• Regional cooperation for the safe return and re-integration of victims 
5.1. IDENTIFICATION 
The identification of trafficked persons is still a challenge at the operational level, particularly because victims 
are exploited in any number of ways that are constantly changing. It is fair to point out that many stakeholders 
interviewed in the course of the project – State officials as well as civil society representatives – showed aware-ness 
of the problem. 
In trying to keep within the objectives of this study, this section attempts to shed light on specific aspects 
of identification procedures relating to cooperation between different stakeholders, keeping the focus on the 
fundamental link among identification, referral and access to support services. 
Questionnaires and interviews focussed on: 
1. The level of formality of the system in terms of identification procedures and the link with access to 
assistance services 
2. The existence of shared, multi-stakeholder identification tools e.g. guidelines and up-to-date indicators 
for identification 
In the first area, the indicators used were complex (who can legally identify a trafficked person? Is there a formal 
procedure to grant the status of trafficked person? What is the procedure when a practitioner comes across 
a presumed trafficked person?, etc.). These questions aimed at highlighting whether systems were informal 
enough to guarantee that a person who is “suspected” or “presumed” to be in a trafficking situation may be 
reported by anybody into the system and have access to immediate support and assistance. 
As for the second area, the rationale for the choice of indicators (development and focus of shared identification 
tools) was aimed at ascertaining: 
a. What tools are available to help enhance the creation of a shared understanding and approach at the op-erational 
level 
b. What categories of professionals are addressed 
c. Whether instructions focus on diverse forms of exploitation
29 
Identification Procedures 
Six of the 11 CBSS countries (Estonia, Finland, Germany, Lithuania, Norway and Sweden) have established 
procedures for identification of trafficked persons that take into account the fact that a relatively long time and 
a number of subsequent steps involving different professionals are generally necessary to ascertain whether a 
case is related to human trafficking. In these countries identification procedures are not rigidly formalised and 
the broadest possible range of actors, including the public at large, may report a “presumed trafficked person” 
into the system in order to ensure immediate support and assistance, without the need for involvement of law 
enforcement in assessing the case at an early stage. This approach is often referred to by practitioners as the “low 
threshold approach” and it is in line with international best practices. 
Formally in these countries, it is only through criminal proceedings that a person may be legally defined 
as a victim of trafficking, although the status of “presumed victim” may be applied beforehand in order to 
define services, rights, and procedures that are suitable, such as the granting of a reflection period or temporary 
residence permits by the immigration authorities, access to specific support services, protection measures, etc. 
The importance of not formalising the identification process in its initial stages in order to give any presumed 
victim the right to be assisted and supported is a pillar of the response system to combat the crime of human 
trafficking. In these countries the principle seems to be fully reflected in the identification procedures.45 
In two countries (Denmark and Poland), NGOs are not allowed to identify foreign trafficked persons residing 
illegally in the country and provide access to services independently to such category of presumed victims. In 
Denmark, the decision on the status of such victims rests ultimately with the Immigration Authorities, but is 
based on reports provided by the police and the CMM. If the victims are legally residing in the country, the 
CMM can make the determination, based on reports provided by the social organizations that have a contrac-tual 
agreement with CMM. In Poland procedures regulating the involvement of NGOs in identification of 
foreign nationals who may come into contact first with law enforcement or other authorities are less clearly 
defined.46 Anecdotal data seems to indicate that cooperation may happen occasionally but is rather random.47 
Latvia has a unique system. VoTs may be identified by law enforcement officers, the prosecutor’s office and the 
service providers. However a formal identification procedure administered by a multi-agency commission is in 
place for cases “spotted” first by NGOs. The procedure is linked to access to support services and NGOs cannot 
independently offer support to presumed victims unless the commission carries out the identification procedure 
and grants the status of “victim of trafficking” to the individual concerned. Funding for services is directly 
linked to the decisions issued by the identification commission and other competent bodies. 
One country (Iceland) has not established identification procedures yet. 
Identification Tools 
Three countries out of 11 (Estonia, Lithuania and Norway) have developed multi-stakeholder identification 
tools to be shared among a broad range of professionals. Labour inspectors or other actors related to the labour 
market are not considered stakeholders. Indicators address different forms of exploitation. 
45 On the other hand, emphasis on the “fear of abuse” of the system by illegal migrants reported occasionally by some 
practitioners indicates a lack of understanding of the complexity of identification processes in human trafficking cases. 
46 See Part 2 Country Profile, Poland, Identification and Referral. 
47 It must be stressed that one of the key factors that determines compliance with international standards and best 
practices in this area is whether law enforcement agencies respect the right of the individual not to be interrogated and 
involved in investigations during the reflection period, and whether access to services is guaranteed for all presumed vic-tims.
30 
One country (Denmark) has developed shared guidelines for service providers (State and NGOs), but no 
shared tools exist for service providers and law enforcement officers. The indicators are focussed on victims of 
trafficking for sexual exploitation. The CMM is working on the development of updated identification tools. 
One country (Sweden) is expected to develop shared indicators that are valid at national level. No indication of 
the professionals or the forms of exploitation addressed is available. 
Three countries (Finland, Germany and Poland) currently have identification tools for single stakeholders, 
but no shared tools. The focus of indicators is on victims of trafficking for sexual exploitation in Germany and 
Poland; it covers additional forms of exploitation in Finland. Updates are expected in all three countries. It 
must be noted that while identification tools for specific categories of professionals are encouraged, they should 
be based on a shared approach to avoid the risk of fragmentation at the operational level. 
One country (Latvia) has developed regulations for the Identification Commission. This tool is used to assess 
cases by a multi-disciplinary group. It is not equivalent to guidelines for identification to be disseminated to all 
front-liners in the country to help them identify presumed victims as of the first contact. Cards for law enforce-ment 
officers have been developed (portable format) but need to be updated in line with new legislation and 
rules. Indicators also need to be updated with all forms of exploitation. 
Additional Remarks 
Some of the recently developed identification tools for multi-stakeholders are rather comprehensive and provide 
guidance on how to use indicators and what to do in case of contact with a presumed trafficked person (e.g. 
who to contact depending on the entry point). Some also include information on conducting initial interviews. 
Questionnaire responses and information gathered during interviews indicate limited capacity to use 
identification tools that focus on less familiar forms of exploitation. At the operational level, the majority of 
stakeholders surveyed and interviewed focus on trafficking for sexual exploitation. Many acknowledge that cases 
of labour exploitation are observed, however some actors decline responsibility to look into labour cases due to 
lack of mandate or lack of capacity. 
Stakeholders in all CBSS Member States indicated that while identification capacity of NGOs and law en-forcement 
specialised units has been considerably enhanced in the past few years, especially with respect to 
some forms of exploitation, non-specialised personnel both within State service providers and law enforcement 
agencies are not always capable of identifying a possible victim of trafficking. Capacity to identify trafficking 
for forced labour or trafficking for other forms of exploitation (forced marriage, domestic servitude, forced 
delinquency practices, etc.) is still limited. 
As specialised units are generally based in the capital or in bigger towns, anti-trafficking capacity is concentrated 
in major urban areas. Smaller towns and rural areas tend to remain neglected. The limited awareness of 
different forms of exploitation seems to reinforce the opinion that human trafficking happens only in bigger 
towns.48 
48 For a different perspective, see the OSCE Third Occasional Paper, A Summary of Challenges on Addressing Human 
Trafficking for Labour Exploitation in the Agricultural Sector in the OSCE Region, Vienna, 2009.
31 
Fig. 12 Multi-Stakeholders Identification Tools 
Country Shared Guidelines Indicators Target Groups 
Denmark 2008 Sexual Exploitation CMM and service providers (State, 
NGOs) 
Estonia Jan 2009 Updated LEAs, NGOs, Immigration, selected 
Prosecutors and Judges 
Finland* - - - 
Germany - - - 
Iceland - - - 
Latvia** Regulations General Members of the Identification 
Commission 
Lithuania 2008 Updated LEAs, NGOs, Prosecutors 
Norway Nov 2008 Updated All actors and the public 
Poland*** - - - 
Russian Federation N.A. N.A. N.A. 
Sweden Expected N.A. N.A. 
*Different guidelines and indicators are used by practitioners. There are no shared tools. 
**Regulations for the Multi-disciplinary identification Commission have been approved in 2006. However this 
tool is not an operational tool to be used by front-liners to enhance identification capacity at the operational 
level. A set of identification cards (portable format) for LEA officers were developed in the past. They need to 
be updated. They are not a shared tool. 
*** Guidelines for LEAs were approved in 2003. They are to be revised and updated in the foreseeable future. 
Guidelines for Prosecutors were developed at the same time. There are no shared tools. 
5.2 REFERRAL 
Referral is a general term that describes any process through which an individual is sent, or rather “referred”, to 
all the services s/he may need. 
Ensuring effective referral to trafficked persons is an area in which countries report numerous challenges. The 
entry points (possible identification points) are numerous and the type of cases and victims’ needs are varied. 
Furthermore the necessity to keep the system flexible is not easy to reconcile with the targeting of services. Due 
to the complexity of most cases, which entail security implications in addition to possible health, psychological 
and other social support, ensuring that victims do not “fall into the cracks of the system” and get lost halfway 
through the process is also still a problem that is commonly reported. 
One of the ways that countries have found to simplify matters is the establishment of a “first point of contact” 
to facilitate referrals. Hotlines have proved useful in this respect, although only partially so. In some countries 
the creation of pilot anti-trafficking coordination units is considered a possible response to the current 
challenges (see section above) – the results of which can be evaluated only with time. In Denmark, the hotline 
and the CMM are used as a first point of contact and referral. In Norway, the KOM and the Rosa project 
combined with the respective hotlines have reportedly enhanced referrals significantly.49 Hotlines are very often 
used as referral instruments also in other countries, but the resulting quality of the referral system is often based 
on knowledge of individual operators about who to contact when and for what. 
49 See Part 2, Country Profiles.
32 
Some countries have recently attempted to develop guidelines or similar tools for referral i.e. rules about what 
to do in case of contact with presumed victims, list of contacts of assistance services and specialised units, 
descriptions of procedures to be followed depending on the entry points. In Estonia, such a tool was developed 
earlier this year and is being tested. In Norway, a similar tool is being worked on at the time of writing. 
One of the key links to make in human trafficking cases is between all possible identification actors and service 
providers (State or NGOs)50, especially between law enforcement agencies and service providers, and it is 
essential that communication is established as soon as contact is made with a presumed trafficked person. Some 
of the following practices may be used as indicators to assess the status of cooperation: 
• Procedures or working methods to ensure that support services are contacted upon first contact with a 
presumed trafficked person 
• Joint interviews upon first contact with a presumed trafficked person 
• Joint risk assessments 
In Denmark, a working method has been informally agreed upon whereby the police calls the hotline admin-istered 
by the CMM, who then appoints a social worker. The social worker provides the presumed victim with 
information regarding support and assistance available. 
In Norway, a case manager from the police and the service provider is appointed to ensure that the cases are 
followed as needed. Joint interviews and risk assessments are an established practice. 
In Germany, referral practices between police and NGOs are regulated through cooperation agreements. 
In Finland, Lithuania and Poland, instructions to police officers have been issued concerning the need to in-volve 
assistance services in human trafficking cases, providing information on the right to support and assist-ance. 
In Estonia, guidelines have been developed but operational practices are limited mostly to personal contacts. In 
Iceland procedures are still to be established. Information about the Russian Federation is not available. 
5.3 ASSISTANCE AND SUPPORT SYSTEM 
The CBSS region comprises countries with very diverse historical, political and economic backgrounds, con-fronted 
by different challenges with respect to the phenomenon of human trafficking. Public policy approaches 
impact significantly on victims’ assistance and support measures in all of its aspects: The range and standards of 
welfare services vary considerably among Member States; the practice of cooperation between State and non- 
State actors, and/or in particular between law enforcement agencies and service providers (whether State or civil 
society-based) is also different from country to country. These considerations play an important role in shaping 
the anti-trafficking response in general and on victims’ support and assistance in particular. 
With this important caveat in mind, the mix of assistance services offered to victims of trafficking in the CBSS 
countries generally includes safe housing (shelter), medical support (emergency care or broader), psychological 
counselling, legal aid, administrative support, other welfare assistance (such as financial help, clothing, etc.); 
in some cases re/integration measures ranging from recreational activities, training, job placement support, 
etc. Services are offered by State institutions, civil society and international organizations (IOs). Some are 
specialised services (e.g. shelters for trafficked persons only), others are generic (e.g. health and welfare services). 
50 In most countries, the NGOs are the most important actors at this level, but there are exceptions. For instance, in 
Sweden the service providers are mostly State actors. Details of similarity of patterns and issues between Swedish service 
providers and NGOs are reported in Part 2, Country Profile, Sweden.
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Cbss unodc final-assessment_report

  • 1. Human Trafficking in the Baltic Sea Region: State and Civil Society Cooperation on Victims’ Assistance and Protection
  • 2.
  • 3. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Human Trafficking in the Baltic Sea Region: State and Civil Society Cooperation on Victims’ Assistance and Protection UNITED NATIONS New York, 2010
  • 4. Acknowledgements This study was made possible by the dedicated efforts of numerous public officials and representatives of non-governmental organizations consulted in the Baltic Sea Region. The joint UNODC – CBSS TF-THB team wishes to express its gratitude to all the people who have invested their time into the project, consented to be interviewed, and provided information and insight into specific areas of expertise. A special thank you to Sonja Busch, Isabella Orfano, Roberto Paganini and Wolfgang Klug who gave input and revised various drafts of the study. Written By: Barbara Sidoti Edited By: Tejal Jesrani United Nations Office on Drugs and Crime (UNODC): Andrea Koller, Julie Platou Kvammen, Riikka Puttonen, Alexia Taveau, Albina Yakubova. Council of the Baltic Sea States (CBSS) Secretariat: Marta Bociek, Anna Ekstedt, Anthony Jay, Ciaran Morrisey. CBSS Task Force against Trafficking in Human Beings (CBSS TF-THB): Kira Appel, Jan Austad, Sergey Barsukov, Igoris Bazylevas, Lisa Cassina, Anna Esko, Dea Hannust, Eva Hermstad, Hildur Jónsdóttir, Urszula Kozłowska, Anu Leps, Agnese Marnica, Tero Mikkola, Anna Mironova, Christer Norling, Grete Pern, Julija Staškovskaja, Lāsma Stabiņa, Sandra Šarkutė, Brit Tammiste, Dimitrijs Trofimovs, Nicole Zündorf-Hinte. This study was produced with funding from the Task Force against Trafficking in Human Beings. Photographs: CBSS TF-THB © United Nations Office on Drugs and Crime, April 2010. The description and classification of countries and territories in this study and the arrangement of the material do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries, or regarding its economic system or degree of development. This publication has not been formally edited.
  • 5. iii This study was conducted within the Preparatory Regional Project on Fostering NGO – Law Enforcement Cooperation in Preventing and Combating Human Trafficking in, from and to the Baltic Sea Region – Jointly implemented by the United Nations Office on Drugs and Crime (UNODC) and the Council of the Baltic Sea States Task Force against Trafficking in Human Beings (CBSS TF-THB).
  • 6. iv LIST OF ACRONYMS1 BAGFW Coordination Group of the German Welfare Organisations BKA Federal Criminal Police Office BMAS Federal Ministry for Labour and Social Affairs BMFSFJ Federal Ministry for Family Affairs, Senior Citizens, Women and Youth CBSS Council of the Baltic Sea States CBSS TF-THB Council of the Baltic Sea States Task Force against Trafficking in Human Beings CIS Commonwealth of Independent States CJA Criminal Justice Authorities CoE Council of Europe CMM Danish Centre against Human Trafficking DIS Danish Immigration Service EEA European Economic Area EU European Union FAFO Institute for Applied International Studies GARP Government Assisted Repatriation Programme IACB Inter-Agency Coordination Body ICMPD International Centre for Migration Policy Development ILO International Labour Organization IO International Organization IOM International Organization for Migration KOK German Nationwide Activist Coordination Group Combating Trafficking in Women and Violence against Women in the Process of Migration KOM Coordination Unit for Human Trafficking LEA Law Enforcement Agencies LKA Länder Criminal Police Offices NAP National Action Plan/Program NBI National Bureau of Investigation NC National Coordinator NCI National Centre for Investigation NCM National Coordination Mechanism NGO Non-Governmental Organization NMT National Support Operations against Prostitution and Trafficking in Human Beings NRG National Reference Group NRM National Referral Mechanism MIJ Ministry of Integration and Gender Equality MoU Memoranda of Understanding MFA Ministry of Foreign Affairs MoI/A Ministry of Interior/Administration MoJ Ministry of Justice MoL Ministry of Labour ODIHR Office for Democratic Institutions and Human Rights OSCE Organization for Security and Co-operation in Europe REAG Reintegration and Emigration Programme for Asylum-Seekers in Germany RG Regional Groups ROSA Re-establishment, Organizing safe accommodation, Safety and Assistance Project 1 For ease of reference, acronyms referring to national institutions appear as they are used in the countries, while the corresponding names of national institutions are translated into English.
  • 7. v RUA Foreigners/Immigration Unit SOLWODI Solidarity with Women in Distress THB Trafficking in Human Beings TIP Trafficking in Persons TRM Transnational Referral Mechanism UDI Directorate for Immigration UN.GIFT United Nations Global Initiative to Fight Human Trafficking UNODC United Nations Office on Drugs and Crime VoT Victim of Trafficking
  • 8. vi TABLE OF CONTENTS Introduction . 1 The Study . 2 PART 1 – Overview of Cooperation Mechanisms and Practices in the Council of the Baltic Sea States Region . 8 1. Anti-Trafficking National Action Plans . 10 2. National Coordination Mechanisms . 14 2.1 National Coordinators . 16 2.2 Inter-Agency Coordination Bodies . 18 2.3 Anti-Trafficking Coordination Units/Centres/Agencies . 20 2.4 Working Groups at the Operational/Local Level . 21 2.5 Specialised Units . 22 3. National Rapporteurs or Equivalent Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4. Formalised Cooperation Agreements . 26 5. Cooperation Practices at the Operational Level . 28 5.1 Identification . 28 5.2 Referral . 31 5.3 Assistance and Support System . 32 5.4 Residence Regimes . 35 5.5 Victims/Witnesses in Court Proceedings . 36 5.6 Regional Cooperation for the Safe Referral, Return and Reintegration of Victims of Human Trafficking . 39 6. Good Practices and Problem Areas . 40 7. Recommendations . 45
  • 9. vii PART 2 – Country Profiles . 49 Denmark . 50 Estonia . 62 Finland . 72 Germany . 86 Iceland . 100 Latvia . 108 Lithuania . 118 Norway . 128 Poland . 140 The Russian Federation . 150 Sweden . 158 ANNEX I – Anti-Trafficking Actors in the CBSS Region . 170 Bibliography . 176
  • 10. viii TABLE OF FIGURES – PART 1 Fig. 1 Anti-Trafficking Policy Tools in the CBSS Region . 11 Fig. 2 Implementation Timeframes of Policy Tools . 13 Fig. 3 Overview of National Coordination Mechanisms . 15 Fig. 4 National Coordination Mechanisms in CBSS Member States . 16 Fig. 5 National Coordinators in CBSS Member States . 18 Fig. 6 Inter-Agency Coordination Bodies in CBSS Member States . 19 Fig. 7 Anti-Trafficking Coordination Units . 21 Fig. 8 Working Groups at the Operational/Local Level . 22 Fig. 9 Anti-Trafficking Specialised Units . 23 Fig. 10 National Rapporteurs, Equivalent Mechanisms and other formulas . 25 Fig. 11 Cooperation Agreements . 27 Fig. 12 Multi-Stakeholders Identification Tools . 31 Fig. 13 Residence Regimes . 36
  • 11. ix TABLE OF FIGURES – PART 2 Fig. 1 Denmark: National Coordination Mechanism . 51 Fig. 2 Overview of the Danish Referral System . 53 Fig. 3 The Danish Centre against Human Trafficking . 53 Fig. 4 Estonia: National Coordination Mechanism . 63 Fig. 5 Finland: National Coordination Mechanism . 73 Fig. 6 Finland: Formalised Cooperation Agreements Overview Table . 75 Fig. 7 The System of Victims Assistance in Finland . 83 Fig. 8 Germany: National Coordination Mechanism . 88 Fig. 9 Iceland: National Coordination Mechanism . 101 Fig. 10 Latvia: National Coordination Mechanism . 109 Fig. 11 Latvia: Formalised Cooperation Agreements . 110 Fig. 12 Services offered by the Latvian NGO Shelter “Drosa Maja” (Safe House) . 113 Fig. 13 Lithuania: National Coordination Mechanism . 119 Fig. 14 Lithuania: Formalised Cooperation Agreements . 121 Fig. 15 Norway: National Coordination Mechanism . 129 Fig. 16 The Anti-Trafficking Coordination Unit (KOM) within the Norwegian coordination system . 130 Fig. 17 Identification Data gathered through the ROSA Project . 132 Fig. 18 Referrals to the Rosa Project in Norway . 134 Fig. 19 Poland: National Coordination Mechanism . 141 Fig. 20 Poland: Formalised Cooperation Agreements . 142 Fig. 21 The Russian Federation: National Coordination Mechanism . 151 Fig. 22 Sweden: National Coordination Mechanism . 160
  • 12. x
  • 13. 1 INTRODUCTION Despite the efforts of governments, international organizations and civil society, human trafficking remains a global problem. Around the world, millions of people are handled as commodities and exploited in an ever evolving trade. It cannot be emphasized enough that one of the first important steps toward coordinating an effective response is to understand the depth, breadth and scope of trafficking in persons. The United Nations Office on Drugs and Crime (UNODC) has taken some important steps in the past, with “Trafficking in Persons: Global Patterns” and the “Global Report on Trafficking in Persons” to begin to bridge this infor-mation gap. However, UNODC recognises that global problems require not only global, but also regional responses. That’s why studies like the one presented here are so crucial to understanding how best to combat this modern form of slavery. UNODC and the Council of the Baltic Sea States Task Force on Trafficking in Human Beings (CBSS TF-THB)2 have teamed up to implement the “Preparatory Regional Project on Fostering Non Governmental Organization (NGO) – Law Enforcement Cooperation in Preventing and Combating Human Trafficking in, from and to the Baltic Sea Region”. The aim of the research carried out within the project and presented in this study is to help lay the foundation for targeted and consistent approaches in the provision of assistance and protection to victims of human trafficking through improved cooperation among State actors and civil society organizations.3 The research aims in particular to establish a knowledge-base on existing cooperation mechanisms, identify shortcomings and obstacles and formulate recommendations for improved cooperation. A few main themes emerged throughout the research process. First, as already mentioned, reliable data gathering is the foundation of any other effort to combat trafficking in persons. The findings here demonstrate serious shortcomings in this area as well as a substantial under-reporting of cases. The latter may be due in part, to NGO personnel in some countries not being authorised to identify to government authorities foreign victims of trafficking. Second, many countries’ efforts are focussed on trafficking for sexual exploitation, to the exclusion of other forms of exploitation. In this respect, particularly identification of and service provision to victims of trafficking for other exploitative purposes is lacking. Third, and perhaps most relevant to the subject of the study, was the need to enhance communication between civil society and State actors. Improved communication between these two parties would facilitate shared understanding of what constitutes trafficking in persons, establish priority areas and joint policies and establish direct channels of communication between different service providers that do no rely upon personal contacts. With this study and the important findings contained here, we have reached a milestone, and a crossroads, in the Council of the Baltic Sea States (CBSS) region. It is now important to build upon the information presented here in order to ensure that all parties move along a common path that will put an end to this crime that shames us all. 2 The CBSS TF-THB is composed of experts from Government ministries based in the CBSS capitals. The members of the CBSS are the States of Denmark, Estonia, Finland, Germany, Iceland, Latvia, Lithuania, Norway, Poland, the Russian Federation, and Sweden. The European Commission is also part of the Task Force, but was not involved in the implementation of the project. The CBSS TF-THB also has ten Observer States which take part in some of the activi-ties. These include: Belarus, France, Italy, Romania, the Netherlands, Slovakia, Spain, the United Kingdom, Ukraine, and the United States of America. 3 This report does not focus on children victims/minors as the mandate of the CBSS TF-THB is on adult victims only.
  • 14. 2 THE STUDY Geographic Scope of the Study This study focuses on the 11 Member States of the CBSS, which are Denmark, Estonia, Finland, Germany, Iceland, Latvia, Lithuania, Norway, Poland, the Russian Federation and Sweden. Timeframe and Project Phases The research was conducted between April and November 2009. It entailed a desk review phase, the gathering of information from stakeholders in the participating countries through different sets of questionnaires, and interviews during country assessment visits. In order to assess the state of cooperation among anti-trafficking players, a broad range of practitioners was consulted. Stakeholders involved in the project included anti-trafficking National Coordinators (NC), National Rapporteurs, Law Enforcement Agencies (LEA)(anti-trafficking specialised units where they are established), Immigration Authorities, Labour Inspectorates, Criminal Justice Authorities, Assistance Service Providers, comprising State, civil society representatives and in few instances international organizations (IOs), such as the International Organization for Migration (IOM). The number of NGOs and civil society actors consulted ranged from one to three per country. This was mostly due to limited capacity in terms of time and resources available to conduct interviews in each country. Not all categories of stakeholders were actively involved. In some instances labour inspectorates declined participation; border guards were involved only in a few countries; and immigration authorities and prosecutor’s offices could not be interviewed in all countries. Judges were not involved in the process in any of the participating States.4 The CBSS TF-THB members were instrumental in helping the research team to identify key players in each country. Sources and Methodology Sources used for the study included official policy papers, such as National Programs and Action Plans (NAPs) or other policy tools, NAP evaluation reports, specialised publications from intergovernmental organizations, non-governmental organizations (NGOs), universities, research institutes and independent researchers. Documents such as Memoranda of Understanding (MoUs), ministerial directives, and operational guidelines were analysed throughout the process as they were made available by interview partners in the countries. As it was not always possible to translate such documents from the original language, non-official translations or summaries were used whenever possible.5 This may have sometimes resulted in an incomplete representation of the corresponding procedures. A preliminary questionnaire was distributed to CBSS TF-THB delegates at the outset of the process in April 2009. The questionnaire focussed on gathering initial information on anti-trafficking actors in each country, National Referral Mechanisms (NRMs) and existing cooperation agreements in place at the national and regional level. 4 Direct cooperation with judges in anti-trafficking efforts is reportedly not an established practice. The respect for the independence of the judiciary is often mentioned as a barrier to engage judges in cooperation projects. 5 Translation capacity for Danish, Finnish, German, Norwegian, Russian and Swedish documents was provided through UNODC staff; translation capacity for Polish, Estonian, Lithuanian, Latvian and Icelandic was provided by the CBSS THB TF Members and interview partners in the countries.
  • 15. 3 Prior to the country visits, a set of more detailed questionnaires was distributed to stakeholders in each country. Questionnaires comprised a mix of open and closed questions aimed at gathering information on cooperation practices in selected areas, e.g. identification, referral, support and assistance services for victims of trafficking (VoTs), cooperation agreements (e.g. MoUs, contracts, etc.), structures and capacity building measures. Specific questions were tailored for each target group in order to capture different aspects of operational practices in consideration of the individual mandates of the stakeholders involved. Questionnaires length ranged from about 20 to 50 questions depending on the target group. Questionnaires from law enforcement and service providers were returned by all the countries that distributed questionnaires (80%). Among these, 33% returned more than one questionnaire from law enforcement (police/ border guard units or different police units/representatives) and 55% returned more than one questionnaire from service providers; 55% returned questionnaires from national coordinators offices, prosecutors, and immigration authorities; 44% from labour inspectorates or similar bodies; 11% returned a questionnaire from the office of the National Rapporteur.6 Individual interviews with single stakeholders lasted approximately two hours. Interviews aimed at gathering more insight in each of the fields surveyed through the questionnaires and identifying specific issues of concern. In the Russian Federation project activities could not be conducted as described above. An assessment visit to be conducted by an expert from the UNODC Anti-Human Trafficking and Migrant Smuggling Unit scheduled for July-August 2009 was ultimately not possible due to organizational restraints. Also access to sources used for the analysis, such as questionnaires, directives, agreements, and other operational tools could not be obtained.7 In the final stages of the project however, State officials at the Ministry of Interior manifested interest in getting involved in possible follow-up activities related to enhancing cooperation between State actors and civil society in the field of victims’ assistance and protection. It is with the aim of supporting their endeavours that the partial information that could be processed by the research team is presented in this study. The Research Team Country assessment visits were conducted by different individuals, involving a total of five UNODC staff, one CBSS TF-THB Secretariat representative and the independent consultant leading the research activities for the project. Each interview team included a maximum of two persons per country. Members of the CBSS TF-THB were instrumental throughout the whole process, gathering information, organising the country assessment visits, and revising the data for their respective country. Most of them were also interviewed during country assessment visits in their official capacity at the national level. Research Focus The study attempts to provide insights into what institutionalised mechanisms and work practices are in place in the CBSS Member States to facilitate cooperation among different stakeholders in the field of support and assistance to trafficked persons. The ultimate aim of the research is to support the 11 target countries in identifying good practices, problem areas and possible ways to improve cooperation at the national level as well as regionally through targeted and consistent approaches. The research focuses in particular on assessing how cooperation among different actors is addressed or regulated in each country through policy tools, such as NAPs, the establishment of National Coordination Mechanisms (NCMs), the adoption of formalised cooperation agreements (e.g. MoU), as well as key procedures at the operational level. 6 In the very few instances where no questionnaires were returned and no interview partner in the same stakeholder group could be interviewed, country profiles may present gaps in data. 7 See Part 2, Country Profile, The Russian Federation.
  • 16. 4 The focus of the research as it was formulated by the CBSS TF-THB was originally limited to cooperation between LEAs and NGOs providing assistance to victims of trafficking. Upon further discussions within the task force, the scope was broadened to encompass cooperation between State actors and civil society organizations, in acknowledgement of the importance of the numerous practitioners involved in anti-trafficking responses. Defining the scope of this research was per se a challenging exercise as in fact, despite the broadened focus, some significant realities of the CBSS region were not easy to capture within one formula. In countries such as Sweden for instance, where the State takes care of most of the services for the assistance and protection of victims, the parameters set (State actors-civil society) did not fit perfectly. Despite this, the data gathering brought interesting insights also in such a context, as good practices as well as difficulties at the operational level seem to be ultimately linked more closely to mandates, and related perceptions of priorities, than to the status of the stakeholders (State versus civil society).8 The guiding questions around which the research revolves are the following: 1. To what extent is cooperation integrated into policies, structures, and procedures in each country? 2. What are the main problem areas related to victims’ assistance and support measures? 3. What tools may be developed to improve cooperation among different practitioners, enhancing the national response as well as consistent approaches at the regional level? In order to answer the above questions and to illustrate the type of institutional framework for cooperation in place in each country, the first part of the data (part 1, chapter 1–3) has been organized around the description of policy tools and coordination mechanisms. Although these first chapters may read as a description, comparing country systems posed numerous challenges and in some cases, the representation chosen may not always do justice to national contexts. Special attention was devoted to gathering information about the existence of formalised cooperation agreements regulating work practices and procedures between different practitioners, such as for instance MoUs between law enforcement and service providers, or between and among other State actors and civil society organizations (part 1, chapter 4). Furthermore, selected areas at the operational level were analysed to focus on specific fields where it is widely acknowledged that bridging the gap between actors with different mandates is particularly challenging (Part 1, chapter 5). This part of the study covers procedures and work practices relating in particular to the following areas: Victims’ identification procedures, referral practices, access to assistance services, residence regimes linked to cooperation in criminal proceedings, protection of victims/witness in court proceedings, and transnational referral and return of victims within the CBSS region. These areas are all complex and broad-ranging. In approaching each of them, the main focus was on assessing whether the status quo is conducive to effective cooperation practices among different stakeholders or whether gaps in procedures or tools exist. With respect to victims’ identification for instance, some of the core questions focussed on what kind of identification procedures are in place. The objective was to try and understand if procedures are designed in a way that allows sufficient flexibility, recognising the role that a very broad range of actors may have in identify-ing presumed trafficked persons, as well as acknowledging that the process requires time and the involvement of different professionals to be carried out as needed. An important focus of the data gathering in this respect was whether procedures allow referral of presumed victims to assistance and support services without the need for the authorities to assess the case formally at the very outset, and if cooperation of different professionals is integrated into procedures as a pre-requisite to provide good standards of victims’ protection.9 8 See Part 2, Country Profile, Sweden. 9 For a concise description of victims’ identification best practices and problem areas, see the EU Recommendations on Identification and Referral to Services of Victims of Trafficking in Human Beings (2007), and the Report of the Experts Group on Trafficking in Human Beings (2004).
  • 17. 5 In areas such as referral practices, the focus was on the systemic features in place to ensure a coordinated approach. Working questions addressed the existence of a first point of contact once a presumed victim had been identified, and of guidelines for referral to help facilitate the process of identification, regardless of the entry point of the victim. Another important focus was to assess if the practice of joint first contact interviews and of risk assessments involving different professionals were established. With respect to assistance services, attention was given to selected aspects related to coordination and co-operation, such as the link between access to support and assistance and identification procedures; systemic limitations in the targeting of services; and information available to different stakeholders on victims’ rights and entitlements. Finally an attempt has been made to report good practices, lessons learnt, new areas of attention, and problem areas summarising information in text boxes throughout the country profiles. It must be stressed that in response to the request of the CBSS TF-THB to keep the findings to a manageable size, this study does not provide an overview of legislation (this type of data has however been analysed in other recent publications)10 or data on the phenomenon of trafficking in the CBSS region.11 It is only in order to shed light on emerging features that information pertaining for instance to recent or expected legislative changes or to new trends detected in the phenomenon has been provided in the country profiles. Structure of the Study Part 1 of the study presents an overview of cooperation mechanisms and practices in the region, comparing data gathered in the 11 Member States in the following areas: 1. National Programs and NAPs/other policy tools containing anti-trafficking measures 2. National Coordination Mechanisms (NCMs) 3. National Rapporteurs12 4. Formalised cooperation agreements (e.g. MoUs) 5. Cooperation practices at the operational level (identification, referral, assistance and support services, victims/witnesses in criminal proceedings, regional cooperation for the safe referral, return and re-integration of victims) 10 Data on legislative frameworks, criminal justice responses, and number of victims identified in each country has been published in the UNODC-UN.Gift Global Report on Trafficking in Persons (2009). All the countries surveyed in this study are covered by the Global Report. http://www.unodc.org/documents/human-trafficking/Global_Report_on_TIP. pdf. Data on legislation and the trafficking phenomenon in EU Member States has been recently published by B. Hancilova, and C. Massey, Evaluation of EU Member States’ legislation and the situation concerning trafficking in human beings for the purpose of sexual exploitation, ICMPD, 2010 (awaited soon). A draft has been kindly provided for review, courtesy of the author and ICMPD. The CBSS TF-THB plans to carry out a study on data collection about human trafficking cases in the CBSS Region in the course of 2010. 11 A number of sources covering the trafficking phenomenon in the region are provided in the bibliography. For an overview of existing literature published between 2000-2005 in four of the 11 CBSS Member States (Estonia, Germa-ny, Lithuania, and Poland), see I. Orfano, ”Trafficking in human beings: An analysis of the literature and an overview on the phenomenon in six European countries”, in I. Orfano et al., Headway. Improving Social Intervention Systems for Victims of Trafficking, Noktus, Warsaw, 2007. 12 National Rapporteurs may also be considered part of NCMs, as in “Efforts to Combat Trafficking in Human Beings in the OSCE Area, Coordination and Reporting Mechanism”, Annual Report of the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Vienna, 2008. http://www.osce.org/cthb/item_11_36298.html
  • 18. 6 Part 2 contains country profiles for the 11 CBSS Member States. The data analysed in the country profiles reflect the same areas presented in Part 1 with minimum variations in structure due to country context and specific national features. The International Framework for Action to Implement the Trafficking in Persons Protocol, was used as a reference tool to define the parameters for the analysis.13 A description of the variables and indicators used is provided in the introduction to Part 1 “Overview of Cooperation Mechanisms and Practices in the Council of the Baltic Sea States Region”. 13 International Framework for Action to Implement the Trafficking in Persons Protocol, September 2009, http://www.unodc.org/documents/human-trafficking/Framework_for_Action_TIP.pdf. The variables analysed are based on the sections pertaining to Protection and Assistance, National Cooperation, International Cooperation among Member States, Cooperation among International and Regional Organizations.
  • 19. 7
  • 20. 8 PART 1 – OVERVIEW OF COOPERATION MECHANISMS AND PRACTICES IN THE COUNCIL OF THE BALTIC SEA STATES REGION Introduction The importance of cooperation among different stakeholders is an established pillar of anti-trafficking efforts, addressed by numerous international instruments, including the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; the Council of Europe Convention on Action against Trafficking in Human Beings; the European Union (EU) Action Plan on best practices, standards and procedures for combating and preventing trafficking in human beings (“EU Action Plan”); and the Organization for Security and Co-operation in Europe (OSCE) Action Plan to Combat Trafficking in Human Beings. Furthermore, different sets of guidelines and other operational tools have been developed at the international level to help countries implement coordination strategies (e.g. the International Framework for Action to Implement the Trafficking in Persons Protocol, the OSCE Handbook on National Referral Mechanisms, the International Centre for Migration Policy Development (ICMPD) Guidelines for the Development and Implementation of a Comprehensive Anti-Trafficking Response, etc.). The concepts and terminology used in this report draw largely on these and other existing instruments. Part 1 of this study presents information about cooperation mechanisms and practices related to victims’ protection and assistance measures, comparing data from the 11 CBSS Member States (Denmark, Estonia, Finland, Germany, Iceland, Latvia, Lithuania, Norway, Poland, the Russian Federation and Sweden). The data presented in this part of the study is compiled into five main sections: Chapter 1 describes the development of anti-trafficking policy tools, such as National Programs and Action Plans (NAPs) or equivalent instruments in the participating countries. Chapter 2 provides an overview of existing National Coordination Mechanisms (NCMs) focusing in particular on National Coordinators (NC), Inter-Agency Coordination Bodies (IACB), and working groups at the operational/local level. Due to the fact that in some countries anti-trafficking coordination units (also referred to as anti-trafficking coordination agencies or centres) are being established or considered, a section has been introduced to reflect developments in this area. While the mandates of these new bodies are not yet clearly defined (some are being piloted, others are still to be agreed upon), an attempt has been made to describe current features under consideration in Member States. Where dedicated units, such as law enforcement anti-trafficking units or specialised prosecutors have been established, this has also been documented. The inclusion of specialised units in the section devoted to coordination mechanisms is based on the consideration that such units de facto carry out an important coordination function in anti-trafficking efforts, although their mandate does not necessarily specify co-ordination as an explicit task.14 An overview of National Rapporteurs or equivalent mechanisms is provided in Chapter 3. This chapter aims at mapping the existence of independent institutions monitoring the phenomenon and the effectiveness of responses devised in the county, as well as gathering and analysing data from different sources, including State actors and civil society organizations. However this study does not focus in particular on data gathering, an issue that is being addressed through other projects and initiatives.15, 16 14 In some countries, e.g. in Poland, the special units are officially mandated to enhance cooperation. See NAP, Poland, 2009-2010.
  • 21. 9 Chapter 4 presents information on existing cooperation agreements such as Memoranda of Understanding (MoUs) aimed at facilitating cooperation between and among State actors and civil society organizations. To gather direct insight into how cooperation functions at the operational level in each country, Chapter 5 has been devoted to specific areas relating to victim protection and assistance measures. The parameters selected for the analysis include identification and referral practices, assistance and support systems, residence regimes, victims/witnesses in-court proceedings, and regional cooperation for the safe referral, return and re-integration of victims. 15 All analysts point out the difficulties of data gathering in this field. See among others B. Hancilova and C. Massey, Evaluation of EU Member States’ legislation and the situation concerning trafficking in human beings for the purpose of sexual exploitation, ICMPD, 2010 (awaited soon); I. Orfano, ”Trafficking in human beings: An analysis of the litera-ture and an overview on the phenomenon in six European countries”, in I. Orfano et al., Headway. Improving Social Intervention Systems for Victims of Trafficking, Noktus, Warsaw, 2007. p. 14-16. Methodologies are being developed and tested in other regions. See for instance ICMPD, Handbook on Anti-Trafficking Data Collection in South Eastern Europe: Developing Regional Criteria, Vienna, 2007. 16 The CBSS TF-THB plans to carry out a study on data collection about human trafficking cases in the CBSS Region in the course of 2010.
  • 22. 10 1. ANTI-TRAFFICKING NATIONAL ACTION PLANS Anti-Trafficking Programs and Action Plans (NAPs) have contributed significantly to the coordination of State actors and civil society organizations in many regions of the world. As summarised in a recent report, “NAPs are used to plan a country’s actions against THB in a systematic, organized and co-ordinated way. They link a country’s framework of operational activities – its programs and other measures – to its strategic vision. The NAP is the blueprint for how, when and by whom strategic and operational activities are to be accomplished.” 17 NAPs have also contributed to growing recognition of the importance of a human rights, victim-centred approach in anti-trafficking efforts – a principle which is now acknowledged among practitioners from different backgrounds. It should be stressed that NAPs are not legally binding tools. Measures envisaged in NAPs need to be implemented through legislative and operational initiatives in order to have an impact on reality. The existence of such policy tools is therefore per se not a sufficient indicator of the state of anti-trafficking efforts in a country. Yet NAPs are very often the first step in a country’s attempt to build a response system that over-comes fragmentation of efforts to achieve multi-disciplinary coordination. In this respect, they are significant indicators for the research objectives of this study. State of the Play in the Region Most countries in the CBSS region have introduced national anti-trafficking programs and NAPs or other policy tools that include anti-trafficking policy provisions in the last few years. In 2002, only two countries (less than 20%) had a dedicated anti-trafficking policy tool. In 2005, six of the eleven Member States (about 54%) had approved anti-trafficking policy tools.18 By 2009, nine countries out of eleven (about 80%) have a dedicated anti-trafficking policy instrument. One Member State, Germany, which has been active in anti-trafficking efforts longer than any other country in the region, does not have a dedicated action plan but has anti-trafficking measures streamlined into other action plans19. The Russian Federation has not approved a national action plan yet, but a draft has been prepared for approval. Some anti-trafficking measures are included in the Mid-Term Program of Russia’s Socio-Economic Develop-ment (2006–2008). The Russian Federation participates also in the CIS Regional Action Plan related to the implementation of the CIS Program of Co-operation to Combat THB for 2007–2010. Figure 1 and 2 summarise information about developments in this area. 17 OSCE, “Efforts to Combat Trafficking in Human Beings in the OSCE Area, Coordination and Reporting Mechanism”, Annual Report of the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Vienna, 2008, p. 12. 18 Names of tools vary in the region and include “program”, “development plan” as well as “action plan”. In this report “National Action Plans” (NAPs) is used to refer to dedicated anti-trafficking policy tools as well as policy tools that include anti-trafficking measures. Official names of the policy tools are reported in figure 2 and in the country profiles. 19 Action Plan on Violence against Women, Action Plan for the Protection of Children and Youth, see also Part 2, Country Profile, Germany.
  • 23. 11 Fig. 1 Anti-Trafficking Policy Tools in the CBSS Region 100% 80% 60% 40% 20% 0% Percentage of Countries that have Introduced Anti-THB Policy Tools 2002 2005 2009 Source: UNODC-CBSS Other Policy Tools No Action Plan Dedicated Action Plans The policy tools vary considerably in length and approach. However most of them: • Contain a strategic level and an operational level (sometimes integrated, sometimes separated into narrative text and implementation tables)20 • Address the issue of cooperation • Recognise the validity of a victim-centred approach Implementation Timeframes Most NAPs in the CBSS countries include timeframes for implementation which range from two to four years (see Fig. 2). Regular revisions are foreseen in all countries where an instrument is in place, together with regular reporting to Government and/or Parliament. Monitoring and evaluation of NAPs is also increasingly acknowledged as an important feature, with a prevalence of self-monitoring over independent monitoring and evaluation. In some countries, the techniques for monitoring and evaluation are however not an established practice and some independent monitoring would be highly beneficial. Germany and Sweden have different approaches to revising their NAPs. Germany introduced policy measures to combat human trafficking for sexual exploitation in 1999 and revised them for the first time in 2007. How-ever numerous developments have taken place in the meantime without having been mandated through NAP revisions.21 In Sweden, where such policy tools are not a widespread practice and coordination is based on other methods, a National Action Plan to combat Prostitution and Trafficking was first approved in 2008 and will expire in 2010. At the time of writing it is not clear if this policy tool will be considered a one-off initiative to give impetus to anti-trafficking measures, or will be revised and updated on a regular basis. 20 The strategic level includes ideally a preamble, some background analysis, objectives, indicators; the operational level includes activities, responsible bodies, resources, indicators. ICMPD, Guidelines for the Development and Implementation of a Comprehensive Anti-Trafficking Response, Vienna, Austria, 2006. Part 2, Country Profile, Germany.
  • 24. 12 Forms of exploitation Policy tools in many countries in the region were at first focussed exclusively on sexual exploitation and on women as a target group. Some NAPs referred or refer to “trafficking in women” or “human trafficking and prostitution”, etc. (see Fig. 2). Indeed in many countries in the region, the terms “trafficking for sexual exploitation” and “prostitution” are still used often interchangeably. This is a feature that is rooted in public discourse and in different philosophies and approaches. For the purposes of this study, it must be mentioned that from a legal point of view terminology is not a neutral feature, as it has consequences for the type of support and protection that victims of the crime are entitled to, as well as for the terms of prosecution.22 An evolution with respect to the focus of the policies can be observed in most of the countries, many of which have gradually recognised the complexity of the phenomenon and the existence of different forms of exploitation (e.g. labour, forced begging/delinquency practices, forced marriage, organs removal, domestic servitude, etc.). The names of the policy tools partly reflect this shift in focus (see Fig. 2). However, policy lines contained in the action plans indicate that counter-trafficking measures and service provision remain strongly targeted on trafficking for sexual exploitation and on women as a target group. Information gathered at the operational level confirms difficulties developing capacity to combat trafficking for other forms of exploitation. 22 On the implications of terminology and interpretation of legal definitions, see among others I. Orfano (2007) p. 23; OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings (2008), p. 35; B. Hancilova, and C., Massey (2010, awaited soon). 23 See also below sections on Special Units, Assistance and Protection Systems.
  • 25. 13 Fig. 2 Implementation Timeframes of Policy Tools Implementation Timeframes of Policy Tools in CBSS Member States Denmark 2002 Action Plan to Combat Trafficking in Women 2005 Appendix concerning children 2007-2010 Action Plan to Combat THB Estonia 2006-2009 Development Plan against Human Trafficking Finland 2005-2008 National Plan of Action against Traffick-ing in Human Beings. 2008-To Be Determined. Revised National Action Plan against Trafficking in Human Beings. Germany 1999 Federal Action Plan to Combat Violence against Women 2007 Federal Action Plan to Combat Violence against Women II Iceland 2009-2012 Action Plan against THB Latvia 2004-2008 National Program for Prevention THB 2009-2013 National Program for Prevention of THB (Approved August 2009) Lithuania 2002-2004 Program for the Control and Prevention of THB and Prostitution 2005-2008 Program for the Prevention and Control of THB 2009-2012 Program for the Prevention and Control of THB Norway 2003 Plan of Action to Combat Trafficking in Women and Children 2006-2009 Stop Human Trafficking Poland 2003-2004 National Program for Combating and Preventing THB 2005-2006 National Program for Combating and Preventing THB 2007-2008 National Program for Combating and Preventing THB 2009-2010 National Action Plan against THB (Approved May 2009) Russian Federation Draft National Action Plan (to be approved) 2007-2010 CIS Regional Action Plan Sweden 2008-2010 Action Plan to Combat Prostitution and Trafficking in Human Beings for Sexual Purposes Source UNODC-CBSS
  • 26. 14 2. NATIONAL COORDINATION MECHANISMS Anti-trafficking National Coordination Mechanisms (NCMs) are a core element of an effective anti-trafficking response. A single successful formula to design effective coordination mechanisms does not exist. Yet it is generally acknowledged that NCMs are “about identifying and integrating essential expertise and authorities needed to combat THB [...and that they] are meant to provide leadership for the coordination of concrete anti-trafficking efforts and activities [and] organize the collective efforts of a country to produce the most effective [...] results.” 24 CBSS countries have legitimately opted for different solutions in terms of coordination.25 Most of them have established some form of NCM and in many cases a rather sophisticated coordination framework. Comparing systems at this level is always a difficult exercise. The use of the same terminology may often hide substantial differences in mandates; at the same time, different language may be used for bodies that have very similar functions. In full acknowledgement of the fact that there is always the possibility of misinterpreting data when carrying out analysis, an attempt has been made to respect country denominations and descriptions, while providing additional information to allow comparisons whenever possible. This chapter presents an overview of NCMs taking a broad focus and encompassing policy and operational levels,26 including in particular: • National Coordinators (NC) • Inter-Agency Coordination Bodies (IACB) • Anti-Trafficking Coordination Units/Centres/Agencies • Working Groups at the Operational/Local Level • Specialised Units within Law Enforcement and Criminal Justice Authorities While NCs, IACBs and Working Groups at the Operational/Local Level are often referred to when discussing NCMs, the other two categories addressed in this chapter-Anti-Trafficking Coordination Units/Centres/ Agencies and Specialised Units within Law Enforcement and Criminal Justice Authorities – require a word of explanation. The inclusion of a section devoted to Anti-trafficking Coordination Units (also called Centres or Agencies) was not planned originally. It reflects recent developments at the operational level which recognize these units as a significant coordination mechanism. Such units have been established and/or are being piloted in four countries (Poland, Denmark, Norway and Sweden) and are under consideration in two others (Latvia and Lithuania). Information on mandates is not always available or clearly defined. This adds to the difficulty of comparing such institutions across systems. Against this background, an attempt has been made to describe current features under consideration in Member States based on the information that could be gathered. Sometimes official documentation and descriptive charts were available; sometimes a proposal to be submitted for approval could be reviewed; in one instance, information available was based exclusively on interviews with State officials.27 24 OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings, (2008). The document provides an overview on purpose and rationale of NCMs, as well as an overview of NCMs in the OSCE region. 25 “Because of the existence of different forms of government jurisdiction and legal systems of the participating States, different models or approaches to national/local co-ordination would be necessary”, ibid. p.27. 26 On the challenges of ensuring effective NCMs covering policy and operational levels, ibid. p.28. 27 Interview with the CBSS THB Task Force Member, Vilnius, Lithuania, June 2009.
  • 27. 15 Finally, the inclusion in this section of data on specialised units such as law enforcement anti-trafficking units or specialised prosecutors is based on the consideration that such units de facto carry out an important co-ordination function in anti-trafficking efforts at the operational level, although their mandate may not specify coordination as an explicit task. An overview of existing NCMs is summarised in Figures 3 and 4. Fig. 3 Overview of National Coordination Mechanisms Overview of NCMs in the Baltic Sea region 64% 91% 55% 73% 82% 18% 45% NC Anti-THB Coord. Unit IACB Source UNODC-CBSS Working Groups Specialised Police NC – National Coordinator IACB – Inter-Agency Coordination Body Sp. Prosecutors Sp. Border Guards
  • 28. 16 Fig. 4 National Coordination Mechanisms in CBSS Member States Country NC IACB Coordination Unit Working Groups Specialised Units Denmark - Yes Danish Centre against Yes Police Human Trafficking (CMM) Estonia Yes Yes - - - Finland - Yes - Informal Police Germany - Yes - Yes Police Iceland Yes Yes - - - Latvia Yes Yes Proposal Ad hoc Police, Prosecutors Lithuania Yes Yes Proposal Yes Police, Prosecutors Norway Yes Yes Anti-THB Coordination Yes Police Unit (KOM) Poland Yes Yes Mixed mandate Yes Police, Border Guard, Prosecutors Russian Federation - Yes* - - Police, Prosecutors Sweden Yes** - National Support Yes Police, Border Guards, Operations against Prosecutors Prostitution and Trafficking (NMT) Source UNODC-CBSS *A policy and legislative body is in place. A coordination body is expected to be appointed by the President of the Russian Federation upon approval of the anti-trafficking law by the State Duma. **The NC in Sweden is appointed temporarily, for the duration of the NAP 2008-2010. The mandate of the NC is limited to develop and enhance cooperation and coordination amongst key stakeholders. 2.1 NATIONAL COORDINATORS Seven out of eleven countries (64%) currently have a National Coordinator (NC)28 (see Fig. 4). NCs are appointed at Ministries of the Interior (MoI), Ministries of the Interior and Administration (MoIA), Ministries of Justice (MoJ) and Prime Minister’s Offices. In Sweden the National Coordinator is appointed at the County of Stockholm. The level of the post varies greatly. In some countries it is a senior official, in other countries it is a junior function. Some National Coordinators have support staff. Most NCs chair the national IACB.29 In most countries the NC is appointed by the ministry in charge of the co-ordination of anti-trafficking efforts.30 However each ministry, agency and organization is generally responsible for implementing tasks within its respective area of responsibility. The mandate of the NC does not encompass 28 In Poland the Undersecretary of the MoIA, who chairs the IACB, has similar functions as a NC. This study respects the denominations adopted by each country. Wherever possible additional information is provided to illustrate specificities of each country and allow comparisons beyond official denominations. 29 Sweden has a system that is not easily comparable to other countries. For the specificities of the Swedish system, please see Fig. 6 as well as Part 2, Country Profile, Sweden. 30 For Sweden, see also note 21. In Iceland the Chair of the recently appointed Specialist and Coordination Team is based at the Prime Minister’s Office, but the Ministry in charge for coordination of anti-trafficking efforts is the Ministry of Justice.
  • 29. 17 a direct supervisory role, but foresees the facilitation of coordination by setting the agenda and keeping the overview on activities carried out by different actors at the national level. NCs have reporting duties on the state of implementation of the anti-trafficking NAP. In countries where a NC is not appointed, the issue of leadership is usually addressed by designating one particular ministry as a focal point for anti-trafficking efforts. As correctly pointed out in a recent report: “The choice of which ministry is to lead an inter-ministerial working group can have implications for how the issue is understood and approached. In some cases, whether intentionally or not, the placement of leadership may impose a particular policy perspective and operational emphasis. For example, if the lead ministry is a law enforcement or migration regulation agency, this is likely to have important implications for how the State approaches the issue, and perhaps especially for how it understands and implements victim-centred principles in cases of THB. [...] The choice of ministry may also contribute to the issue being viewed and treated primarily or exclusively as a transna-tional phenomenon, or being treated in its internal or domestic trafficking manifestations. [...] Finally, the NCM may not operate successfully, or the issue may be marginalized, if its leadership is established in an office or ministry that does not have much authority within the Government, has a limited mandate, or has low budgetary resources or none at all.” 31 In 54% of the countries, the coordination function has been given to the MoI or the MoJ. In Germany the set-up is different, with the competences being divided between two different ministries: the Federal Ministry for Family Affairs, Senior Citizens, Women and the Youth and the Ministry of Labour and Social Affairs, depending on the form of exploitation considered. In one country – Iceland – the competences have been recently passed from the Ministry of Social Affairs to the MoJ. However the NC is based in the Prime Minister’s Office. In Sweden, the focal point for anti-trafficking activities is the Ministry of Integration and Gender Equality, while the NC is based at the County Administrative Board of Stockholm. In Denmark, the competence as anti-trafficking focal point is administered by the Department for Gender Equality, which has been recently moved from the Ministry of Welfare to the Ministry of Employment. As indicated above, there is no single formula for a perfect balance of expertise and competences. It is essentially up to each country to evaluate the effectiveness of the solutions adopted. It surely is worth stressing that at this stage of the process – when structures are being piloted or considered, and monitoring and evaluation of policies is carried out on a regular basis – such factors are worth considering. The choice of the body in charge of the coordination function deserves to be considered also in light of emerging data pointing out the existence of cases of human trafficking for other forms of exploitation (labour, forced begging, forced marriage, domestic servitude, etc.) which may render institutional frameworks devised in the past few years obsolete or sub-optimal. 31 OSCE Annual Report of the Special Representative and Coordinator for Combating Trafficking in Human Beings (2008), p.31.
  • 30. 18 Fig. 5 presents an overview of NC in the region and the ministry in which they are based. It also includes information about support staff allocated and the level of the post. For countries where a NC is not in place, the third column indicates what ministry has been designated as a coordination body or as a focal point. For the other countries, the same column indicates the ministry where the NC is based. Fig. 5 National Coordinators in CBSS Member States Country NC Ministry Staff Full-Time Post Denmark - MoE* - - - Estonia Yes MoJ - No Adviser Finland - MoI/ - - - Germany - BMFSFJ/BMSA** - - - Iceland Yes PM Office/MoJ*** - No - Latvia Yes MoI 1 No Director of Department Lithuania Yes MoI 2 No Vice-Minister Norway Yes MoJP° - No Senior Adviser Poland - MoI 5 - Undersecretary of State Russian Federation - - - - - Sweden Yes Stockholm County 2 Yes National Coordinator MIJ°° against prostitution and THB * Ministry of Employment, Department for Gender Equality. ** Ministry for Family Affairs, Senior Citizens, Women and Youth, Ministry of Labour and Social Affairs. *** The National Coordinator is based at the Prime Minister Office; the coordination function is with the MoJ. ° Ministry of Justice and the Police °° In Sweden the National Coordinator is based at the Stockholm County Administrative Board. The Ministry of Integration and Gender Equality has the coordination function of the National Action Plan. The NC in Sweden is appointed temporarily, for the duration of the NAP 2008-2010. The mandate of the NC is limited to develop and enhance cooperation and coordination amongst key stakeholders. 2.2 INTER-AGENCY COORDINATION BODIES Inter-agency coordination bodies (IACB) are generally responsible for developing policy and following up on the implementation of agreed-upon measures. In the CBSS region, nine out of eleven countries (91%) have an IACB involving representatives from different ministries, competent departments within ministries, law enforcement agencies, sometimes criminal justice authorities (mostly Public Prosecutor’s Offices), IOs, local government representatives and specialised units. Civil society actors are involved in all of them (Fig. 6). Their capacity to influence policy decisions varies depending on the degree of participatory decision-making models used in each country. In Finland, for instance, civil society actors are invited to participate in meetings of the IACB as expert partners, but the overall responsibility for the implementation of the NAP rests with government actors; in Lithuania, NGOs participate in the meetings of the national task force as observers twice a year to share experiences with governmental actors and can make suggestions for measures to be included in the NAP; in Germany, civil society representatives have the same decision-making power as the government counterparts; in Norway, the IACB is an inter-ministerial body, but civil society organizations are included in the decision-making process through the anti-trafficking national coordination unit (KOM). In Latvia, NGOs participate in the decision-making process through the National Working Group.
  • 31. 19 In Denmark, a number of civil society actors work with the Danish Centre against Human Trafficking (CMM) on a contractual basis and participate in regional reference groups as part of the national referral mechanism. The purpose of the regional reference group is, among others, to bring knowledge and experiences from the regional and local level to the national and policy level. The overall responsibility for the implementation of the NAP rests with the IACB, which is composed of representatives from different ministries. The Department of Gender Equality leads the group. In Iceland, the Specialist and Coordination Team has just been appointed at the time of writing and procedures are yet to be established. In the Russian Federation, a coordination body is expected to be appointed upon approval of the Draft Law to Combat Human Trafficking. The inter-agency coordination body meets twice a year in Estonia, Lithuania and Poland; three times a year minimum in Germany and Denmark; four times a year in Latvia, and six times a year in Finland and Norway. Figure 6 below summarises the information provided in this section. A list of actors participating in national inter-agency coordination in each country is provided in Annex I. Fig. 6 Inter-Agency Coordination Bodies in CBSS Member States Country IACB Civil Society Frequency of Meetings Denmark Inter-Ministerial Working Group Other* 3/Year Estonia Coordination Network Yes 2/Year Finland NAP National Steering Group Yes 6/Year (average) Germany Federal Working Group on Trafficking Yes 3 or 4/year in Women Iceland Specialist and Coordination Team Yes To be determined Latvia32 National Working Group Yes 4/Year (minimum) Lithuania National Task Force Yes 2/Year (minimum) Norway Inter-Ministerial Commission Other* 6/Year Poland Inter-Ministerial Committee Yes 2/year Russian Federation** - - - Sweden*** National Support Operations against Other - Prostitution and Trafficking (NMT) *Civil society organizations are involved through the anti-trafficking coordination units (CMM in Denmark, KOM in Norway). ** Expected upon approval of the anti-trafficking law. ***There is no formally established inter-agency coordination body in Sweden. it is important to note that any multi-agency issue, such as trafficking in human beings, requires a consensus within the Swedish Government for decisions to be made. The responsible ministry needs to gather the input and receive the agreement of all the relevant ministries before being able to make a decision. 32 In Latvia there is currently only one NGO providing services to victims of human trafficking.
  • 32. 20 2.3 ANTI-TRAFFICKING COORDINATION UNITS/CENTRES/AGENCIES Some of the Member States have identified the need to have a centralised point of contact to enhance co-ordination of anti-trafficking activities at the operational level, addressing for instance difficulties connected with referrals and victims’ assistance, information flow, problem-solving capacity, data gathering, professional training, etc. A trend seems to have emerged to face a range of rather varied needs through a permanent structure. In terms of institutional frameworks, such bodies are positioned between the IACB and working groups at the operational/local level. Titles vary; mandates are at least partially converging. Fig. 7) Overview In six out of 11 countries (55%), a THB coordination unit/centre/agency is in place or is being considered. In Norway, KOM was established in 2006; in Denmark, the CMM was set-up in 2007. Both started as pilot projects and are being considered as possible solutions to be institutionalised. In Sweden, a unit called National Support Operations against Prostitution and Trafficking has been recently set up. In Poland, a unit against human trafficking is based at the Ministry of Interior and Administration. In Lithuania, an Anti-Trafficking Information Centre is planned. In Latvia, a model for cooperation has been developed that includes a proposal to establish a coordination agency. The proposal is still on paper and needs to be submitted for consideration. Funding problems may hamper or delay implementation. Mandates As mentioned in the introductory remarks to this chapter, information on mandates of these new units is not available or clearly defined for all countries that are considering them. However, an attempt has been made to describe current features under consideration in Member States based on the information that could be gathered. In Norway, the KOM acts as a point of contact for referrals, as a problem-solving hub, and as a capacity-building unit. KOM operates a hotline for trafficked persons; it is tasked with identifying problems at the operational level and coordinating input to provide solutions; it connects and supports all actors in order to ensure an effective response; and it addresses training needs and develops technical tools. In Denmark, the CMM is responsible for ensuring that social services for victims of trafficking are provided in accordance with the policy lines described in the national action plan;33 to improve and develop procedures for better collaboration among stakeholders; to provide training to professionals; and to gather and disseminate information and data on human trafficking and anti-trafficking efforts. In Sweden, the unit focuses on operational work, coordination of activities, tasks, and case management, as well as trying to ensure information sharing among agencies and information gathering at the national level is efficient. In Poland, the Anti-Trafficking Unit at the MoIA has a mixed mandate, more similar to the mandate of support staff of a National Coordinator, but also with some of the features characteristic of the above-mentioned units in the other countries. The MoIA Unit coordinates activities of the action plan, is responsible for preparing updated versions of it, and supervises the program for victims’ assistance, administered by an NGO. It does not take care of referrals directly as other coordination units do. In Lithuania, the planned Anti-Trafficking Information Centre is expected to act as a central point of contact for referral and assistance for victims of trafficking, offering also short-term shelter (approximately three nights).The Centre is also meant to collect data about assisted THB victims, including continuity of assistance, prosecution, and other information about the trafficking case, and to conduct research on THB. 33 Anti-trafficking policies in Denmark prioritize strongly the return of victims to their country of origin, see Part 2, Country Profile, Denmark.
  • 33. 21 In Latvia, the proposed Anti-Trafficking Coordination Agency described in the “Optimal Model for National Cooperation,”34 is supposed to be in charge of prevention measures35, coordination of different stakeholders, capacity-building, research and data gathering. The proposal is on paper at the moment. Funding difficulties are likely to delay implementation. Fig. 7 Anti-Trafficking Coordination Units Country Anti-Trafficking Coordination Units Year Staff Denmark CMM (Pilot Project) 2007 5 Estonia - - - Finland - - - Germany - - - Iceland - - - Latvia Proposal Developed - - Lithuania Agency Planned 2011 N.A. Norway KOM (Pilot Project) 2006 2 Poland Anti-THB unit in MoIA 2006 5 Russian Federation Data not available - - Sweden NMT 2009 - 2.4 WORKING GROUPS AT THE OPERATIONAL/LOCAL LEVEL In an attempt to capture as many layers of coordination efforts as possible and present them in a concise format, this section contains categories that are rather varied in terms of composition, mandate, and level. This is due to the different formulas and frameworks set in place in each country. The territorial dimension of countries also plays a role as the CBSS Member States include a very diverse range of countries. Therefore this section does not attempt to compare working groups. It simply aims to map layers of institutional response complementing the ones described in the previous sections for each respective country. A few general observations can be made: Eight countries out of 11 (73%) have established some form of coordination body at the operational and/or at the local level. All existing working groups identified include civil society organizations. Denmark and Norway have set up a rather articulated system.36 In some countries, the working groups are present only in some regions or municipalities (Lithuania). Working groups are formally established and with a fixed composition in some cases (e.g. Denmark, Germany, Norway, Poland, Sweden); in others, they are convened on an ad hoc basis, with different participants depending on the topic (e.g. Latvia) or are convened informally (Finland). Frequency of meetings is regulated in some cases and flexible in others. (Fig. 8) More detailed information to interpret country contexts as appropriate can be found in the respective country profiles. 34 Ministry of Interior of Latvia, Cooperation to Prevent Human Trafficking, Situation Analysis and the Optimal Model for National Cooperation, EU Equal Project Open Labour Market for Women, Riga, 2007. 35 The term “prevention” is used throughout the document to encompass also protection and prosecution measures. This renders the model ambiguous as it mixes policy and operational measures pertaining to different areas. Ibid. p. 24–32 and 65–68. 36 For details, see Part 2, Country Profiles, Denmark and Norway.
  • 34. 22 Fig. 8 Working Groups at the Operational/Local Level Country Oper./Local Working Groups Civil Society Frequency of Meetings Denmark National Reference Group Yes Quarterly 6 Regional Groups 3-4 Times/Year (flexible) Working Group to coordinate Quarterly measures with immigration service Estonia - - - Finland City of Helsinki (informal) - Few times per year Germany Working Groups* Yes As needed Iceland Planned** Yes As needed Latvia Ad hoc Yes As needed Lithuania Regional WG Yes As needed Norway Project Group Yes 8 Times/Year Reference Group 8 Times/Year +Joint Meetings 2/year Local Coord. Units As needed Poland Working Group Yes Once/month Thematic Groups Ad hoc Regional Groups (planned) - Russian Federation Data not available - - Sweden Working Group + Yes - Local Teams/NGOs*** *Focus on trafficking in women for sexual exploitation. **An Emergency Team complementing the work of the IACB at operational level is planned. *** Focus on sexual exploitation and prostitution. 2.5 SPECIALISED UNITS The establishment of specialised law enforcement units and personnel in the criminal justice system, specifically trained to deal with human trafficking cases, is widely acknowledged to have significantly contributed to enhancing anti-trafficking efforts, identification of victims of trafficking, and inter-agency co-operation. In the CBSS region eight out of 11 countries have established anti-trafficking police units and one country has established anti-trafficking border guard units (Fig. 9). Specialised law enforcement units often play a key role in developing and introducing new practices relating to investigative efforts, identification, referral, and co-operation with service providers. Five countries out of eleven have specialised staff among the criminal justice authorities in Prosecutors’ Offices. Low awareness levels of judges are reported rather consistently across the region.
  • 35. 23 Fig. 9 Anti-Trafficking Specialised Units Country Anti-Trafficking Law Enforcement Units Specialised Prosecutors Denmark National Centre for Investigations (NCI) - Estonia - - Finland* National Bureau of Investigation 10 prosecutors Germany Police Units - Iceland - - Latvia 19 police officers + 4 (regional level) 10 prosecutors Lithuania 16 police officers 32 prosecutors Norway 13 police officers 1 support staff - Poland** 2-3 police officers in 16 regions 16 prosecutors 13 border guards Russian Federation Specialised Unit, MoI Investigation Department Prosecutors (exact data not available) Sweden Police Units (main cities) Prosecutors (main cities) *Finland has 4 specialised officers at the Finnish Immigration Service. **Poland has appointed “anti-trafficking consultants”37 in the regional government offices (1 person minimum in each office). See Annex I. 37 Details on the mandates of the “anti-trafficking consultants” were not made available, but general information received indicates that their role is to enhance cooperation and coordination in anti-trafficking efforts.
  • 36. 24 3. NATIONAL RAPPORTEURS OR EQUIVALENT MECHANISMS National Rapporteurs are not a widespread institutionalised practice in the region. The definition of the duties of a National Rapporteur as an independent State institution in charge of comprehensive data gathering, independent monitoring and reporting on human trafficking and anti-trafficking efforts at national level is also not widely recognised.38 Yet the importance of acquiring and analysing data on trafficking and of monitor-ing the effectiveness of anti-trafficking efforts is generally acknowledged, and data gathering is beginning to be addressed in most of the CBSS countries, although major challenges are still widely reported. Also regular reporting to Government and Parliament is an established practice although it may not necessarily be carried out by the same institution in charge of data gathering and analysis, or by an independent State actor, i.e. a body/institution with no role in the implementation of anti-trafficking measures.39 Finland is the only country in the region that has recently appointed an independent National Rapporteur for human trafficking (2009).The mandate has been given as an additional task to the Ombudsman for Minorities. The Finnish office of the National Rapporteur has a strong mandate, similar to the Dutch model, and can substantially influence policy decisions in Finland. Among the countries that have opted in other ways to have an independent institution gather and analyse independently information on the situation of human trafficking in the country, Lithuania has established a process to have a research institute or an NGO develop a summary report on a regular basis. Other formulas have been adopted by some CBSS countries, which cannot be considered equivalent mechanisms. For instance, Sweden has mandated the National Police Board as National Rapporteur since 1997. A Detective Investigator at the National Police Board is in charge of carrying out the task. In Germany, the Federal Criminal Police Office publishes a situation report on human trafficking yearly and presents it to police, political leadership and decision-making bodies.40 Denmark has tasked the CMM with data collection duties. In Estonia and Latvia the NCs have been assigned the task of data gathering and analysis. In Iceland the system is still being discussed. 38 For a concise description of the duties of National Rapporteurs, see the “Alliance Statement on National Rapporteur or Equivalent Mechanism”, presented by the OSCE Special Representative for Combating Trafficking in Human Beings (SR) on behalf of the Alliance Expert Coordination Team (AECT), 16 October 2008. 39 On reporting about anti-trafficking policy implementation, see National Action Plans above. 40 The possibility of instituting a National Rapporteur is under consideration in Germany at the time of writing. Part 2, Country Profile, Germany.
  • 37. 25 Fig. 10 National Rapporteurs, Equivalent Mechanisms and other formulas Country Independent National Equivalent Other Rapporteur Mechanism Denmark - - Danish Centre against Human Trafficking (CMM) Estonia - - National Coordinator Finland Ombudsman for - - Minorities (2009) Germany - - Federal Criminal Police Iceland - - National Coordinator Latvia - - National Coordinator Lithuania - Independent report - by a research institute or NGO Norway - - National Coordinator Poland - - - Russian Federation - - - Sweden - - National Police Board
  • 38. 26 4. FORMALISED COOPERATION AGREEMENTS This section presents information on formalised agreements between different stakeholders. At the outset of the research, the focus was on mapping the existence of Memoranda of Understanding (MoUs) regulating duties and responsibilities and aimed at facilitating the cooperation among anti-trafficking practitioners. In particular, the existence of MoUs between law enforcement agencies and NGOs was indicated as an area of interest by many stakeholders interviewed, as MoUs have clearly emerged as a good practice for enhancing anti-trafficking efforts. However the scope of the research has been expanded to capture the broadest possible range of existing tools regulating practices related to anti-trafficking efforts and to identify other possible areas for enhanced cooperation. As data received was generally not translated, summaries had to be used instead.41 In comparing summaries of agreements sent by different stakeholders, it appeared that agreements reported included MoUs, agreements regulating the sub-contracting of services, as well as agreements regulating other operational areas that may include some anti-trafficking provisions. Data gathering was structured to identify if the following stakeholders have formalised cooperation: • Law Enforcement Agencies (LEAs) – Assistance Service Providers (State/Civil Society Organizations) • State (variable actors) – Civil Society Organizations • Criminal Justice Authorities – Civil Society Organizations • Labour-Civil society Organizations Law Enforcement Agencies–Assistance Service Providers (State/Civil Society Organizations) In this area, MoUs (cooperation agreements) are an established practice only in Germany. They regulate duties and responsibilities of LEAs and civil society organizations. Other tools (contracts, directives, etc.) complement them. In Lithuania, an NGO mentioned the existence of an agreement between the local police and NGOs (2 local agreements). The information was not mentioned by any other stakeholder. The agreements are very short and rather general.42 In Latvia, a MoU regulating roles and responsibilities of law enforcement and the only NGO service provider currently active in this area is expected to be negotiated in 2010. In Sweden assistance to victims of trafficking is mostly taken care of by State agencies. Cooperation between law enforcement officers and social workers from the Welfare services is an established practice. In the main towns, joint teams operate from the same location. State (variable actors) – Civil Society Organizations In three countries (Denmark, Latvia, Poland), there are agreements between State actors (relevant Ministry or coordination units) and civil society organizations. Such tools mostly regulate the financial and legal terms under which NGOs are supposed to administer services to trafficked persons. 41 See Sources and Methodology above. 42 In Lithuania an agreement between the NGO “Missing Persons Families Support Centre” and the Vilnius police was signed in 2006. The text of the agreement is available in original language only. It is one page long and information provided indicates that the agreement is not focussed on human trafficking, but mentions identification of trafficked persons and includes one provision about the referral of THB victims from police to service provider personnel.
  • 39. 27 In Finland, a MoU between the reception centres and an NGO has recently been signed. It regulates the possibility for the NGO to charge for translation services during victim interviews. Criminal Justice Authorities – Civil Society Organizations No cooperation agreements are currently in place, involving criminal justice authorities and civil society organizations. Labour-Civil society Organizations No cooperation agreements are currently in place, involving labour inspectorates and civil society organizations. A Look Ahead In some of the CBSS countries, MoUs are being considered as a next step to address some of the currently open operational issues. The discussion on the usefulness of MoUs has already made it into the official agenda in certain countries (e.g. Latvia, Norway); in others, practitioners have mentioned the need for MoUs to clarify roles and formalise good practices that may have been developed but are based on personal contacts (e.g. Estonia, Lithuania). Some State officials and civil society representatives interviewed indicated that the difficulty rests in the lack of vision about what kind of arrangements would best address current needs. For instance how many MoUs would be appropriate, what actors should be involved and in what combinations, whether the MoUs should be bilateral or multi-lateral, etc. Fig. 11 Cooperation Agreements Country LEA-NGO Other Denmark - Contractual agreements between the Danish Centre against Human Trafficking and NGO service providers Estonia - - Finland - MoU State service provider – NGO Germany Federal Cooperation - Concept (1999, 2007) MoU or other cooperation tool in 12 Länder43 Iceland - - Latvia MoU planned 2010 MoU of a contractual nature in the field of protection of public safety between MoI-NGOs (a total of 16, one of which for THB) Lithuania 2 local agreements - Norway - - Poland* - Contractual Agreement State-NGO Russian Federation - - Sweden44 - - *Some THB provisions in a recent LEA-Labour Agreement (no NGO involvement) and some THB provisions in a recent Border Guard-Police Agreement (no NGO involvement). 43 Germany is a Federal Republic consisting of 16 Länder. 44 Cooperation between authorities is regulated in paragraph 6 § in the Administrative law, and Section 15 paragraph 5 in the Secrecy Act.
  • 40. 28 5. COOPERATION PRACTICES AT THE OPERATIONAL LEVEL This section presents an overview of how cooperation functions at the operational level in specific areas relating to victims’ protection and assistance measures. The selection of the areas addressed and the indicators selected are targeted to the priorities of the present study i.e. cooperation among State actors and civil society organizations to ensure adequate standards of victim protection and assistance to trafficked persons. Areas considered in this section include: • Identification practices • Referral practices • Assistance and support systems (housing, medical, psychological counselling, legal and administrative support, re-integration measures) • Residence regimes • Victims/witnesses during criminal proceedings • Regional cooperation for the safe return and re-integration of victims 5.1. IDENTIFICATION The identification of trafficked persons is still a challenge at the operational level, particularly because victims are exploited in any number of ways that are constantly changing. It is fair to point out that many stakeholders interviewed in the course of the project – State officials as well as civil society representatives – showed aware-ness of the problem. In trying to keep within the objectives of this study, this section attempts to shed light on specific aspects of identification procedures relating to cooperation between different stakeholders, keeping the focus on the fundamental link among identification, referral and access to support services. Questionnaires and interviews focussed on: 1. The level of formality of the system in terms of identification procedures and the link with access to assistance services 2. The existence of shared, multi-stakeholder identification tools e.g. guidelines and up-to-date indicators for identification In the first area, the indicators used were complex (who can legally identify a trafficked person? Is there a formal procedure to grant the status of trafficked person? What is the procedure when a practitioner comes across a presumed trafficked person?, etc.). These questions aimed at highlighting whether systems were informal enough to guarantee that a person who is “suspected” or “presumed” to be in a trafficking situation may be reported by anybody into the system and have access to immediate support and assistance. As for the second area, the rationale for the choice of indicators (development and focus of shared identification tools) was aimed at ascertaining: a. What tools are available to help enhance the creation of a shared understanding and approach at the op-erational level b. What categories of professionals are addressed c. Whether instructions focus on diverse forms of exploitation
  • 41. 29 Identification Procedures Six of the 11 CBSS countries (Estonia, Finland, Germany, Lithuania, Norway and Sweden) have established procedures for identification of trafficked persons that take into account the fact that a relatively long time and a number of subsequent steps involving different professionals are generally necessary to ascertain whether a case is related to human trafficking. In these countries identification procedures are not rigidly formalised and the broadest possible range of actors, including the public at large, may report a “presumed trafficked person” into the system in order to ensure immediate support and assistance, without the need for involvement of law enforcement in assessing the case at an early stage. This approach is often referred to by practitioners as the “low threshold approach” and it is in line with international best practices. Formally in these countries, it is only through criminal proceedings that a person may be legally defined as a victim of trafficking, although the status of “presumed victim” may be applied beforehand in order to define services, rights, and procedures that are suitable, such as the granting of a reflection period or temporary residence permits by the immigration authorities, access to specific support services, protection measures, etc. The importance of not formalising the identification process in its initial stages in order to give any presumed victim the right to be assisted and supported is a pillar of the response system to combat the crime of human trafficking. In these countries the principle seems to be fully reflected in the identification procedures.45 In two countries (Denmark and Poland), NGOs are not allowed to identify foreign trafficked persons residing illegally in the country and provide access to services independently to such category of presumed victims. In Denmark, the decision on the status of such victims rests ultimately with the Immigration Authorities, but is based on reports provided by the police and the CMM. If the victims are legally residing in the country, the CMM can make the determination, based on reports provided by the social organizations that have a contrac-tual agreement with CMM. In Poland procedures regulating the involvement of NGOs in identification of foreign nationals who may come into contact first with law enforcement or other authorities are less clearly defined.46 Anecdotal data seems to indicate that cooperation may happen occasionally but is rather random.47 Latvia has a unique system. VoTs may be identified by law enforcement officers, the prosecutor’s office and the service providers. However a formal identification procedure administered by a multi-agency commission is in place for cases “spotted” first by NGOs. The procedure is linked to access to support services and NGOs cannot independently offer support to presumed victims unless the commission carries out the identification procedure and grants the status of “victim of trafficking” to the individual concerned. Funding for services is directly linked to the decisions issued by the identification commission and other competent bodies. One country (Iceland) has not established identification procedures yet. Identification Tools Three countries out of 11 (Estonia, Lithuania and Norway) have developed multi-stakeholder identification tools to be shared among a broad range of professionals. Labour inspectors or other actors related to the labour market are not considered stakeholders. Indicators address different forms of exploitation. 45 On the other hand, emphasis on the “fear of abuse” of the system by illegal migrants reported occasionally by some practitioners indicates a lack of understanding of the complexity of identification processes in human trafficking cases. 46 See Part 2 Country Profile, Poland, Identification and Referral. 47 It must be stressed that one of the key factors that determines compliance with international standards and best practices in this area is whether law enforcement agencies respect the right of the individual not to be interrogated and involved in investigations during the reflection period, and whether access to services is guaranteed for all presumed vic-tims.
  • 42. 30 One country (Denmark) has developed shared guidelines for service providers (State and NGOs), but no shared tools exist for service providers and law enforcement officers. The indicators are focussed on victims of trafficking for sexual exploitation. The CMM is working on the development of updated identification tools. One country (Sweden) is expected to develop shared indicators that are valid at national level. No indication of the professionals or the forms of exploitation addressed is available. Three countries (Finland, Germany and Poland) currently have identification tools for single stakeholders, but no shared tools. The focus of indicators is on victims of trafficking for sexual exploitation in Germany and Poland; it covers additional forms of exploitation in Finland. Updates are expected in all three countries. It must be noted that while identification tools for specific categories of professionals are encouraged, they should be based on a shared approach to avoid the risk of fragmentation at the operational level. One country (Latvia) has developed regulations for the Identification Commission. This tool is used to assess cases by a multi-disciplinary group. It is not equivalent to guidelines for identification to be disseminated to all front-liners in the country to help them identify presumed victims as of the first contact. Cards for law enforce-ment officers have been developed (portable format) but need to be updated in line with new legislation and rules. Indicators also need to be updated with all forms of exploitation. Additional Remarks Some of the recently developed identification tools for multi-stakeholders are rather comprehensive and provide guidance on how to use indicators and what to do in case of contact with a presumed trafficked person (e.g. who to contact depending on the entry point). Some also include information on conducting initial interviews. Questionnaire responses and information gathered during interviews indicate limited capacity to use identification tools that focus on less familiar forms of exploitation. At the operational level, the majority of stakeholders surveyed and interviewed focus on trafficking for sexual exploitation. Many acknowledge that cases of labour exploitation are observed, however some actors decline responsibility to look into labour cases due to lack of mandate or lack of capacity. Stakeholders in all CBSS Member States indicated that while identification capacity of NGOs and law en-forcement specialised units has been considerably enhanced in the past few years, especially with respect to some forms of exploitation, non-specialised personnel both within State service providers and law enforcement agencies are not always capable of identifying a possible victim of trafficking. Capacity to identify trafficking for forced labour or trafficking for other forms of exploitation (forced marriage, domestic servitude, forced delinquency practices, etc.) is still limited. As specialised units are generally based in the capital or in bigger towns, anti-trafficking capacity is concentrated in major urban areas. Smaller towns and rural areas tend to remain neglected. The limited awareness of different forms of exploitation seems to reinforce the opinion that human trafficking happens only in bigger towns.48 48 For a different perspective, see the OSCE Third Occasional Paper, A Summary of Challenges on Addressing Human Trafficking for Labour Exploitation in the Agricultural Sector in the OSCE Region, Vienna, 2009.
  • 43. 31 Fig. 12 Multi-Stakeholders Identification Tools Country Shared Guidelines Indicators Target Groups Denmark 2008 Sexual Exploitation CMM and service providers (State, NGOs) Estonia Jan 2009 Updated LEAs, NGOs, Immigration, selected Prosecutors and Judges Finland* - - - Germany - - - Iceland - - - Latvia** Regulations General Members of the Identification Commission Lithuania 2008 Updated LEAs, NGOs, Prosecutors Norway Nov 2008 Updated All actors and the public Poland*** - - - Russian Federation N.A. N.A. N.A. Sweden Expected N.A. N.A. *Different guidelines and indicators are used by practitioners. There are no shared tools. **Regulations for the Multi-disciplinary identification Commission have been approved in 2006. However this tool is not an operational tool to be used by front-liners to enhance identification capacity at the operational level. A set of identification cards (portable format) for LEA officers were developed in the past. They need to be updated. They are not a shared tool. *** Guidelines for LEAs were approved in 2003. They are to be revised and updated in the foreseeable future. Guidelines for Prosecutors were developed at the same time. There are no shared tools. 5.2 REFERRAL Referral is a general term that describes any process through which an individual is sent, or rather “referred”, to all the services s/he may need. Ensuring effective referral to trafficked persons is an area in which countries report numerous challenges. The entry points (possible identification points) are numerous and the type of cases and victims’ needs are varied. Furthermore the necessity to keep the system flexible is not easy to reconcile with the targeting of services. Due to the complexity of most cases, which entail security implications in addition to possible health, psychological and other social support, ensuring that victims do not “fall into the cracks of the system” and get lost halfway through the process is also still a problem that is commonly reported. One of the ways that countries have found to simplify matters is the establishment of a “first point of contact” to facilitate referrals. Hotlines have proved useful in this respect, although only partially so. In some countries the creation of pilot anti-trafficking coordination units is considered a possible response to the current challenges (see section above) – the results of which can be evaluated only with time. In Denmark, the hotline and the CMM are used as a first point of contact and referral. In Norway, the KOM and the Rosa project combined with the respective hotlines have reportedly enhanced referrals significantly.49 Hotlines are very often used as referral instruments also in other countries, but the resulting quality of the referral system is often based on knowledge of individual operators about who to contact when and for what. 49 See Part 2, Country Profiles.
  • 44. 32 Some countries have recently attempted to develop guidelines or similar tools for referral i.e. rules about what to do in case of contact with presumed victims, list of contacts of assistance services and specialised units, descriptions of procedures to be followed depending on the entry points. In Estonia, such a tool was developed earlier this year and is being tested. In Norway, a similar tool is being worked on at the time of writing. One of the key links to make in human trafficking cases is between all possible identification actors and service providers (State or NGOs)50, especially between law enforcement agencies and service providers, and it is essential that communication is established as soon as contact is made with a presumed trafficked person. Some of the following practices may be used as indicators to assess the status of cooperation: • Procedures or working methods to ensure that support services are contacted upon first contact with a presumed trafficked person • Joint interviews upon first contact with a presumed trafficked person • Joint risk assessments In Denmark, a working method has been informally agreed upon whereby the police calls the hotline admin-istered by the CMM, who then appoints a social worker. The social worker provides the presumed victim with information regarding support and assistance available. In Norway, a case manager from the police and the service provider is appointed to ensure that the cases are followed as needed. Joint interviews and risk assessments are an established practice. In Germany, referral practices between police and NGOs are regulated through cooperation agreements. In Finland, Lithuania and Poland, instructions to police officers have been issued concerning the need to in-volve assistance services in human trafficking cases, providing information on the right to support and assist-ance. In Estonia, guidelines have been developed but operational practices are limited mostly to personal contacts. In Iceland procedures are still to be established. Information about the Russian Federation is not available. 5.3 ASSISTANCE AND SUPPORT SYSTEM The CBSS region comprises countries with very diverse historical, political and economic backgrounds, con-fronted by different challenges with respect to the phenomenon of human trafficking. Public policy approaches impact significantly on victims’ assistance and support measures in all of its aspects: The range and standards of welfare services vary considerably among Member States; the practice of cooperation between State and non- State actors, and/or in particular between law enforcement agencies and service providers (whether State or civil society-based) is also different from country to country. These considerations play an important role in shaping the anti-trafficking response in general and on victims’ support and assistance in particular. With this important caveat in mind, the mix of assistance services offered to victims of trafficking in the CBSS countries generally includes safe housing (shelter), medical support (emergency care or broader), psychological counselling, legal aid, administrative support, other welfare assistance (such as financial help, clothing, etc.); in some cases re/integration measures ranging from recreational activities, training, job placement support, etc. Services are offered by State institutions, civil society and international organizations (IOs). Some are specialised services (e.g. shelters for trafficked persons only), others are generic (e.g. health and welfare services). 50 In most countries, the NGOs are the most important actors at this level, but there are exceptions. For instance, in Sweden the service providers are mostly State actors. Details of similarity of patterns and issues between Swedish service providers and NGOs are reported in Part 2, Country Profile, Sweden.